Lutfar Ali Vs the State of Assam

Heard Mr. B. Chowdhury, learned counsel appearing for the applicant. Also heard Mr. K. Gogoi, learned Public Prosecutor, Assam appearing in the matter.

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The learned counsel for the applicant has submitted that in the order dated 21.01.2026 passed by this Court in AB No. 2980/2025, inadvertently, the P.S. case number in which the petitioner had to appear before the trial court was not quoted.

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The learned counsel for the applicant has submitted that the said P.S. Case number is Barama P.S. Case No. 42/2025 corresponding to G.R. Case No. 301/2025.

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The learned counsel for the applicant has also submitted that there is a typographical error, inasmuch as, the name of father of the applicant in the Cause Title has been reflected as ‘ Delbar Khan’ instead of ‘ Delbar Miah’ in the order dated 21.01.2026 passed in AB No. 2980/2025.

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The learned Public Prosecutor has submitted that he has gone through the bail petition on record.

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This court also observes that the name of father of the petitioner is recorded as ‘Delbar Miah’ in the bail petition.

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Considering entire aspect of the matter, this court is of the opinion that the order

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dated 21.01.2026 passed by this Court in AB No. 2980/2025 shall now be read as under:

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“

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

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Case No. : AB/2980/2025

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Lutfar Ali S/o- Delbari Miah Resident of Village Rahampur, P.S. and District- Barpeta, Assam-781301

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Versus

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The State of Assam Represented by the P.P., Assam

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Advocate for the Petitioner : Mr. B. Chowdhury

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Advocate for the Respondent : PP, Assam.

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BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR

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ORDER

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21.01.2026

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Heard Mr B Chowdhury, learned counsel appearing for the petitioner. Also heard Mr K K Das, learned Additional Public Prosecutor, appearing for the State of Assam, who has submitted that the charge sheet has been submitted after due investigation.

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The learned counsel for the petitioner has drawn our attention to a Judgment of the Apex Court rendered in SLP (Crl.) No. 18081/2024, decided on 17.01.2025, where the Apex Court has observed that once the investigation is over and charge sheet is filed, then the accused should be asked to appear before the Court concerned and should be Page No.# 2/2 allowed to furnish bail to the satisfaction of the Trial Court. In the said case, the Apex Court had directed the petitioner to appear before the concerned Trial Court and furnish bail to the satisfaction of the Court. He has prayed for a similar relief from this Court, submitting that if at all, the Investigating Officer wanted to interrogate the petitioner, he would have been arrested during the course of investigation itself and there was no point in making a formal

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arrest after the charge sheet is submitted.

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In the facts and circumstances, the prayer of the counsel for the petitioner to allow the petitioner to appear before the concerned trial Court in connection with Barama P.S. Case No. 42/2025 corresponding to G.R. Case No. 301/2025 to pray for regular bail is granted. It is observed that now there is no point in the Investigating Officer attempting to make any formal arrest of the petitioner after filing of the charge sheet.

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In the aforesaid terms, this anticipatory bail application stands disposed of.”

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Registry to verify whether details in CIS is in accordance with the petition filed by the petitioner in his bail petition.

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With the above, the present Interlocutory Application (Crl) stands disposed of.

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JUDGE

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Comparing Assistant

Lutfar Ali v. the State of Assam

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Lutfar Ali v. the State of Assam

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