Bilat Ali Alias Billathali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

Bilat Ali Alias Billathali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail application allowed: petitioner to appear before the learned Judicial Magistrate First Class, Sonitpur, Tezpur within 15 days and, on appearance, to be released on bail of Rs.20,000/- with a surety of like amount; application disposed of accordingly.

Issue for consideration

Whether the petitioner, shown as an absconder in the Charge-Sheet for an alleged offence under Section 379 IPC and apprehending remand to custody upon appearing before the Trial Court, should be granted pre-arrest bail so that he can contest PRC Case No.1643/2022.

Court's answer

Since the petitioner is interested in facing the trial, he may be given one opportunity to that effect.

Ratio / Principle

The pre-arrest bail application of the petitioner is allowed.

Key takeaways

The petitioner Bilat Ali @ Billathali is directed to appear before the Court of the learned Judicial Magistrate First Class, Sonitpur, Tezpur in connection with PRC Case No.1643/2022 within the next 15 (fifteen) days.ratio¶23
On his appearance, the petitioner shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Sonitpur, Tezpur.ratio¶24

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J.), Order dated 13.06.2025 in Case No. AB/1343/2025 - Bilat Ali alias Billathali v. The State of Assam. Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by a petitioner shown as an absconder in the Charge-Sheet alleging commission of offence under Section 379 of the Indian Penal Code in PRC Case No.1643/2022, pending before the learned Judicial Magistrate First Class, Sonitpur, Tezpur. The petitioner apprehended remand to custody upon appearance but wished to contest the case. Holding: since the petitioner is interested in facing the trial, he may be given one opportunity; the pre-arrest bail application is allowed. Directions: petitioner to appear before the said Court within 15 (fifteen) days and, on appearance, to be released on bail of Rs.20,000/- with a surety of like amount. The Additional Public Prosecutor's objection based on an alleged offence relating to the Wildlife Act did not prevent the grant. Application disposed of with the aforesaid directions.

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GAHC010127872025

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

Case No. : AB/1343/2025

BILAT ALI ALIAS BILLATHALI SON OF MULFUDDIN, RESIDENT OF TEWARIPAL, NO. 2 BHOJMARI, SOOTEA, NA DUAR, POLICE STATION- SOOTEA, DIST. BISWANATH, ASSAM PIN-784175

VERSUS

THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : MR. DITUL DAS, MS TINLUNG

Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

ORDER

Date : 13.06.2025

1. Heard Mr. Ditul Das, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.

2. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.1643/2022, pending in the Court of the learned Judicial Magistrate First Class, Sonitpur, Tezpur.

3. The petitioner has been shown as an absconder in the Charge-Sheet alleging commission of offence under Section 379 of the Indian Penal Code. The petitioner apprehends that if he appears before the Trial Court, he will be remanded to custody because he shown as an absconder in the Charge-Sheet. The petitioner now wants to contest the case and therefore learned counsel for the petitioner submits that petitioner may be given adequate opportunity to that effect.

4. Mr. Das, learned Additional Public Prosecutor has objected to this bail application on the ground that the petitioner has been allegedly committed offence relating to Wildlife Act.

5. I have considered the submission made by learned counsel for both the sides.

6. Since the petitioner is interested in facing the trial he may be given one opportunity to that effect.

7. The pre-arrest bail application of the petitioner is allowed.

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8. It is hereby directed that the petitioner Bilat Ali @ Billathali shall appear before the Court of learned Judicial Magistrate First Class, Sonitpur, Tezpur in connection with PRC Case No.1643/2022 within next 15(fifteen) days from today.

9. On his appearance, the petitioner, Bilat Ali @ Billathali shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Sonitpur, Tezpur.

10. With the aforesaid direction, the pre-arrest bail application is disposed of.

Comparing Assistant