Disposed

Hafizur Rohman @ Bappi Miah v. the State of Assam

Gauhati HC5 May 2024AB/946/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail under Section 438 CrPC fearing arrest. As the accused was an absconder, the High Court directed him to appear in another court within 10 days to file a bail application, thereby disposing of the current application.

What did the court decide?

Petitioner directed to appear before the learned Court below within 10 days with an application for bail.

Hafizur Rohman @ Bappi Miah Vs the State of Assam — Anticipatory Bail | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010069472024

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

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Case No. : AB/946/2024

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HAFIZUR ROHMAN @ BAPPI MIAH S/O LT. SURUT ZAMAL VILL- JHAWDANGA ARATGAON P.S.MANKACHAR DIST. SOUTH SALMARA MANKACHAR, 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. M MONDAL

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

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ORDER

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Date : 06.05.2024

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Heard Mr. M. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, 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, 1973 praying for grant of pre-arrest bail to accused/petitioner, who is apprehending arrest in connection with PRC Case No. 1419/2023 (arising out of Mankachar P.S. Case No. 231/2021, registered under Sections 120(B)/368/376 / 34 of the Indian Penal Code.

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It is submitted by Mr. M. Choudhury, learned counsel for the petitioner, that the case has already been Charge-Sheeted showing the present accused/petitioner as an absconder. However, he is ready and willing to appear before the learned Court below and to contest the case if he is granted with the privilege of pre-arrest bail.

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In this context, Mr. P. Borthakur, learned Additional Public Prosecutor, has submitted that the present accused/petitioner was shown as an absconder in the Charge-Sheet and even after the receipt of the summons from the Court, he did not appear before the learned Court below. However, a direction may be given to appear before the learned Court below with an appropriate application for bail.

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Considering the submissions of learned counsels for both sides, the present petitioner is hereby directed to appear before the learned Court below within 10 (ten) from today with an appropriate application for bail, which shall be considered by the learned Court below in accordance with law.

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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

Hafizur Rohman @ Bappi Miah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Hafizur Rohman @ Bappi Miah v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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