Disposed

Babla Saikia v. the State of Assam

Gauhati HC21 Feb 2024AB/4051/2023

Case brief

AI extract

What is this about?

Anticipatory bail application by an accused in a case under sections 448/376/511/506 IPC. The court noted police never sought his custody during investigation and, following Aman Preet Singh v. CBI, directed him to appear before the trial court within fifteen days with a bail application, staying the non-bailable warrant meanwhile.

What did the court decide?

Execution of NBW stayed/suspended; petitioner directed to appear before Court below within 15 days with a bail application to be considered per law.

Babla Saikia Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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GAHC010268892023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/4051/2023

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BABLA SAIKIA S/O SRI BABUL SAIKIA R/O LANKA TOWN, WARD NO. 7, P.O. AND P.S. LANKA DIST. HOJAI, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR B CHANDA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 22.02.2024

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Heard Mr. B. Chanda, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent.

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This is an application under Section 438 of the Code of Criminal Procedure praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Lanka P.S. Case No. 255/2021, under sections 448/376/511/506 of the Indian Penal Code (PRC Case No. 1334/2021).

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Scanned copy of the LCR along with the Case Diary has already been received. Perused the same. Heard both sides.

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It is submitted by Mr. Chanda, learned counsel for the petitioner, that there are lots of contradictions in the statement made in the F.I.R., which is not at all believable. More so, the accused/petitioner was never searched by police during the investigation of the case nor was he ever intimated during the pendency of this case. However, he is ready and willing to appear before the learned Court below as and when the date is fixed for. But, as NBWA has already been issued against him, there is an apprehension of arrest in connection with this case and hence, the present petitioner has been filed seeking pre-arrest bail.

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In this context, Mr. Das, learned Additional Public Prosecutor, has submitted that the accused/petitioner never appeared before the learned Court below even after receipt of the summon. The Order Sheet reveals that on one occasion, the accused/petitioner appeared before the learned Court below through his engaged counsel, but thereafter he remain absent and did not appear before the learned Court below even after the execution of the bailable warrant, which reveals from the Order dated 11.10.2023. So, considering the conduct of the accused/petitioner, he should not be granted with the privilege of

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pre-arrest bail.

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Considering the submissions made by the learned counsels for both sides and also considering the fact that the accused/petitioner was never searched by police during the investigation of this case, as submitted by learned counsel for the petitioner, and further considering the view of the Hon’ble Apex Court passed in the case of Aman Preet Singh Vs. CBI (2021 AIR SC 4154) , wherein it has been held that if the custody of the accused was not required during the entire period of investigation, in such a scenario, it is proper to enlarge the accused on bail, I hereby direct the accused/petitioner to appear before the Court below within 15 (fifteen) days from today with a proper application for bail which shall be considered by the learned Court below in accordance with law. And, till then, the execution of NBWA, issued against the accused/petitioner, shall remain stayed/suspended.

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In terms of above, this anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Babla Saikia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Babla Saikia v. the State of Assam

Case brief

What is this about?

What did the court decide?

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