Disposed¶17

Sri Rubul Bora v. the State of Assam and Anr.

Gauhati HC18 Jul 2025AB/1643/2025

Case brief

AI extract

What is this about?

Anticipatory bail — Section 482 BNSS, 2023 — non-bailable warrant of arrest — proclamation as offender/absconder — attachment of property — orders passed by Judicial Magistrate First Class in judicial capacity — anticipatory bail may not be granted unless such Trial Court orders are challenged — direction to appear before Trial Court on 31.07.2025 — NBW not to be executed till that date — inherent power of High Court — Gauhati High Court — Rubul Bora v. State of Assam & Anr.

What did the court decide?

Bail application disposed of; petitioner directed to appear before the Trial Court on the next date fixed, i.e. 31.07.2025; the non-bailable warrant of arrest issued against the petitioner shall not be executed till that date; on appearing, the petitioner may seek appropriate relief before the Trial Court. ¶17

Sri Rubul Bora Vs the State of Assam and Anr. — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who is apprehending arrest following issuance of a non-bailable warrant of arrest, proclamation as an offender/absconder and attachment of properties by the Court of the learned Judicial Magistrate First Class, is entitled to anticipatory bail under Section 482 of BNSS. +1 more

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Court's answer

Where a non-bailable warrant of arrest, proclamation as absconder and attachment of property have been issued against a person by the Trial Court in exercise of its judicial power, the relief of anticipatory bail may not be granted unless those orders are challenged; the application was therefore disposed of with a direction to the petitioner to appear before the Trial Court on the next date fixed, i.e. 31.07.2025.

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Ratio / Principle

Although the application was filed under Section 482 of BNSS, 2023, the High Court, considering the facts and circumstances and in exercise of its inherent power, directed that the non-bailable warrant of arrest issued against the petitioner shall not be executed till the next date fixed before the Trial Court, i.e. 31.07.2025; on appearing, the petitioner may seek appropriate relief before the Trial Court.

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Detailed headnote1 paragraphs

Gauhati High Court (Mridul Kumar Kalita, J.), Order dated 19.07.2025 in AB/1643/2025 — Application under Section 482 BNSS for anticipatory bail by a petitioner apprehending arrest after the Court of the learned Judicial Magistrate First Class issued a non-bailable warrant of arrest, proclaimed him an offender/absconder and ordered attachment of his properties. Held: where such orders have been passed by the Trial Court in judicial capacity, the relief of anticipatory bail may not be granted unless those orders are challenged; the application was disposed of with a direction to the petitioner to appear before the Trial Court on 31.07.2025. Though the application was filed under Section 482 BNSS, 2023, the High Court, in exercise of its inherent power, directed that the non-bailable warrant shall not be executed till 31.07.2025, leaving the petitioner free to seek appropriate relief before the Trial Court.

Page No.# 1/2

GAHC010147562025

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

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Case No. : AB/1643/2025

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SRI RUBUL BORA S/O- KINARAM BORA. R/O- VILL.- SIALKHATI GAON, P.O.- KACHARIGHAT, P.S.- GOLAGHAT, DIST.- GOLAGHAT, ASSAM, PIN-785702.

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM

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2:SMTI. LAKHIMI BORA CHANGMAI. W/O- SRI DIPANKAR CHANGMAI VILL.- KACHAMARI P.O.- KACHAMARI P.S.- MERAPANI DIST.- GOLAGHAT ASSAM PIN-785705

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Advocate for the Petitioner : MR A N IQBAL,

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 19.07.2025

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Page No.# 2/2

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Heard Mr. A. N. Iqbal, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor.

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This application under Section 482 of BNSS has been filed by the petitioner, who is apprehending his arrest as the Court of learned Judicial Magistrate First Class has issued non-bailable warrant of arrest as well as proclamation of the petitioner as an offender and ordered for attachment of his properties. Without going into the details about the facts of the case, since the order of non-bailable warrant of arrest is issued by virtue of judicial order of the Trial Court as well as the order for proclaiming the petitioner as absconder as well as attachment of his property is also issued in judicial capacity, unless, said orders have challenged the relief of anticipatory bail may not be granted in such cases. Hence, this bail application is disposed of with a direction to the petitioner to appear before the Trial Court on the next date fixed before the Trial Court i.e. on 31.07.2025.

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On appearing before the Trial Court the petitioner may seek appropriate relief before the Trial Court. Though ,this application has been filed under Section 482 of BNSS,2023 however, considering facts & circumstances of this case, in exercise of inherent power of this Court, it is hereby directed that the non-bailable warrant of arrest issued against the petitioner shall not be executed till the next date fixed before the Trial Court i.e. on 31.07.2025.

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JUDGE

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Comparing Assistant

Sri Rubul Bora v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Sri Rubul Bora v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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