Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 25 June, 2025
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010140382025
2025:GAU-AS:8644
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1461/2025
BITUL BORAH
S/O SRI DEBEN BORAH
R/O VILL- PILKHANA PADUMONI
(REVENUE VILLAGE- NO.2 BOGORI)
P.O. HARMOTI MERBIL, P.S. LALUK
DIST. LAKHIMPUR, ASSAM
PIN-784160
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR Z HUSSAIN, MR. RASHIDUL ISLAM,MS B B AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 25.06.2025
Heard Mr. Z. Hussain, learned counsel for the petitioner and Mr. R.J.
Baruah, learned APP for the State.
Page No.# 2/3
2. The petitioner, who is an accused in PRC Case No. 1773/2023
(formally GR Case No.2373/2020) arising out of Laluk PS Case No. 461/2020
under Section 341/326/307 IPC, has prayed for pre-arrest bail by filing this
application under Section 482 of BNSS, 2023.
3. It is submitted that the petitioner has received the notice for
appearing in the said PRC Case No. 1773/2023, which was fixed for appearance.
However, on 03.03.2025, the petitioner had filed an application by showing
cause for his absence and prayed for another date. The said prayer vide Petition
No. 803/2025 was rejected and NBW was issued against the petitioner fixing
07.05.2025 for appearance. Accordingly, by an order passed on 07.05.2025, the
next date of appearance is fixed on 05.07.2025.
4. The learned counsel for the petitioner has submitted that the
petitioner intends to appear before the Court of learned Chief Judicial
Magistrate, Lakhimpur, North Lakhimpur and therefore, he prays for interim
protection so as to enable him to appear before the said learned Court.
5. The learned APP opposes the prayer for interim bail on the ground
that, as per the charge-sheet submitted in the said case, the petitioner did not
cooperate with the investigation and he was referred to as an absconder in the
charge-sheet. It is also submitted that in this case, the charge-sheet was
submitted on 07.10.2023 before the Court of the learned Chief Judicial
Magistrate, Lakhimpur, North Lakhimpur and after cognizance vide order dated
11.12.2023, summons was issued to the petitioner. After two dates, the
petitioner entered appearance on 26.06.2024 through his learned counsel and
prayed for adjournment, which was allowed since 26.06.2024 till 07.05.2025,
the petitioner never appeared before the learned Court and took steps through
his learned counsel.
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6. In this case, having seen that the petitioner is delayed his appearance
before the Court of learned Chief Judicial Magistrate, Lakhimpur, North
Lakhimpur for about 11 months, the Court is disinclined to entertain this
application for pre-arrest bail.
7. However, having regard to the nature of prayer made by the learned
counsel for the petitioner, who expresses that the petitioner is inclined to appear
before the learned Committal Court i.e. the Court of the learned Chief Judicial
Magistrate, Lakhimpur, North Lakhimpur, the Court is inclined to provide that, in
the event the petitioner enters appearance before the said learned Court and
makes the prayer for bail, the said learned Court shall consider the prayer in
accordance with law.
8. With the aforesaid observation, this application for pre-arrest bail
stands closed.
JUDGE
Comparing Assistant