Anticipatory bail application under Section 482 BNSS in an NDPS case; since the charge-sheet had already been filed, petitioners undertook to seek regular bail and appear for trial. The court disposed of the application directing the trial court to consider the regular bail plea.
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GAHC010013382025
2025:GAU-AS:4141
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/155/2025
DILOWAR HUSSAIN AND ANR S/O LT.SAMAD ALI R/O VILL- NO. 2 MAGURMARI P.S. DHULA DIST. DARRANG, ASSAM
2: SEIKH FARID S/O LT.SAMAD ALI R/O VILL- NO. 2 MAGURMARI P.S. DHULA DIST. DARRANG ASSA
VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR M AHMED, A. K. KANU
Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
04.04.2025
Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent.
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest, who is apprehending arrest in connection with Bhuragoan P. S. Case No.89/2024, under Sections 20(b) (ii) (c)/29 of NDPS Act.
Mr. Das, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 05/2025, dated 31.01.2025.
In this regard, Mr. Ahmed, learned counsel for the petitioner submits that they want to move an application for regular bail before the learned Trial Court and that the petitioner will appear before the learned Court below and will participate in the trial.
Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheeted, vide ChargeSheet No. 05/2025, dated 31.01.2025, it is provided that the petitioner shall file a petition for grant of regular bail, and the learned Court below shall consider the same in accordance with law.
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In terms of above, this anticipatory bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Should pre-arrest bail be granted when the investigation has concluded and a charge-sheet has already been filed?
2 provisions across 2 enactments
Dilowar Hussain
Seikh Farid
State of Assam
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
