06-01-2025 Heard Mr. A Ahmed, learned counsel for the petitioner and Mr. K. K. Parasar, learned Additional Public Prosecutor, Assam for the State.

2. Apprehending his arrest, the petitioner namely, Mainul Hoque, son of Idrish Ali, resident of Chaitan, Police Station- Juria, District- Nagaon has filed Page No.# 2/5 this application under Section 482 BNSS, 2023, seeking pre-arrest bail in PRC Case No. 817/2024 arising out of Nagaon P.S. Case No. 374/2012 under Sections 120(B) / 302 IPC, read with Section 27 of the Arms Act.

3. The petitioner is a charge-sheeted accused in said Nagaon P.S. Case No. 374/2012 registered under Sections 120(B) / 302 IPC read with Section 27 of the Arms Act.

4. The petitioner earlier approached this Court for his pre-arrest bail in said Nagaon P.S. Case No. 374/2012 in AB No. 1523/2012. After perusal of the case diary, a co-ordinate Bench of this Court by order dated 16.05.2012 rejected such pre-arrest bail application of the petitioner in said Nagaon P.S. Case No. 374/2012 granting him 30 days time to surrender before the learned Chief Judicial Magistrate, Nagaon in said Nagaon P.S. Case No. 374/2012 with a condition that after his surrender, the petitioner shall be at liberty to file appropriate application before the learned CJM, Nagaon for his bail that shall be considered and disposed of in accordance with law. By the said order dated 16.05.2012, passed in AB No. 1523/2012, the Court also observed that within the said 30 days period (w.e.f., 16.05.2012), in the event of arrest of the petitioner in connection with said Nagaon P.S. Case No. 374/2012, he shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- with one local surety of the like amount to the satisfaction of the arresting authority.

5. Thereafter, the petitioner preferred a pre-arrest bail application under Section 438 CrPC being BA No. 1802(N)/2024 in said PRC Case No. 817/2024 arising out of Nagaon P.S. Case No. 374/2012.

6. The Court of learned Additional Sessions Judge No.2, Nagaon while considering said pre-arrest bail application of the petitioner being BA No. Page No.# 3/5 1802(N)/2024, by order dated 28.11.2024 rejected such pre-arrest bail application of the petitioner in said PRC Case No. 817/2024 arising out of Nagaon P.S. Case No. 374/2012 on the ground that the petitioner did not comply with the order dated 16.05.2012, passed earlier by a co-ordinate Bench of this Court regarding the surrender before the learned CJM, Nagaon as directed in the said order dated 16.05.2012.

7. It is submitted by the petitioner that charge-sheet in said Nagaon P.S. Case No. 374/2012 was filed on 31.12.2024 and there is no accusation against the petitioner under the Arms Act except Sections 120(B) / 302 IPC. Hence, this pre-arrest bail application by the petitioner in said Nagaon P.S. Case No. 374/2012.

8. The petitioner has annexed copy of the Charge-Sheet filed in said Nagaon P.S. Case No. 374/2012 as Annexure-4.

9. From the charge-sheet filed in said Nagaon P.S. Case No. 374/2012, it is seen that the petitioner has been shown to be on bail by the Court. Further, in the said charge-sheet under the charge, the concerned Investigating Officer specifically observed that the petitioner on obtaining pre-arrest bail in the case appeared before the said authority and he was released on bail. The concerned Investigating Officer in the charge sheet further observed that though the case was registered under Sections 120(B) / 302 IPC, read with Section 27 of the Arms Act, but the charge against the petitioner has been determined under Sections 120(B) / 302 IPC. Accordingly, charge-sheet has been filed against the petitioner and other accused persons of the case.

10. Mr. Ahmed, learned counsel for the petitioner submitted that even the committal Court, i.e., the Court of learned CJM, Nagaon, in its order dated Page No.# 4/5 10.07.2024, passed in PRC Case No. 817/2024 arising out of Nagaon P.S. Case No. 374/2012 while taking cognizance of the offence under Sections 120(B) / 302 IPC against the accused persons of the case, issued summons to the petitioner finding him that he is on anticipatory bail. By the said order dated 10.07.2024 also issued summons to the other accused persons of the case.

11. It is seen that petitioner instead of preferred a regular bail in said PRC Case No. 817/2024 being a charge sheeted accused before the appropriate forum, preferred the anticipatory Bail Appln. No. 1802(N)/2024 which was accordingly dismissed by the Court of learned Additional Sessions Judge No.2, Nagaon on 28.11.2024.

12. Petitioner apparently did not comply with the order of the coordinate Bench of this Court passed on 16.05.2012 in AB No. 1523/2012 that was preferred by him and the petitioner now stating that even in the charge sheet dated 31.12.2023 police have shown him as on bail granted by the Court in connection with said Nagaon P.S. Case No. 374/2012 though he is fully aware of the conditions incorporated in the said order dated 16.05.2012 passed in AB No. 1523/2012.

13. Petitioner's pre-arrest bail in said Nagaon P.S. Case No. 374/2012 was already rejected earlier by the co-ordinate Bench of this Court on 16.05.2012 in said AB No. 1523/2012 incorporating certain conditions, noted above. But the petitioner did not comply with the terms and conditions of the said order dated 16.05.2012 passed in AB No. 1523/2012, but took the benefit of pre-arrest bail for 30 days from 16.05.2012 in said Nagaon P.S. Case No. 374/2012. Only submission of the petitioner is that police did not arrest him or asked for him in the said Nagaon P.S. Case. But, as per the order dated 16.05.2012, passed earlier by this Court in AB No. 1523/2012 the petitioner, named above was to Page No.# 5/5 surrender before the CJM, Nagaon in Nagaon P.S. Case No. 374/2012 within 30 days from the date of the said order dated 16.05.2012 which the petitioner did not comply. For such non compliance of the order of this Court dated 16.05.2012, noted above, pre-arrest bail application of the petitioner in said PRC Case No. 817/2024 arising out of Nagaon P.S. Case No. 374/2012 cannot be considered.

14. For the reasons above, this pre-arrest bail application of the petitioner, Mainul Hoque, son of Idrish Ali, in said PRC Case No. 817/2024 arising out of Nagaon P.S. Case No. 374/2012 stands dismissed.

15. Since charge sheet in said Nagaon P.S. Case No. 374/2012 has already been filed, the petitioner may approach the appropriate forum for his regular bail in the concerned PRC Case No. 817/2024 arising out of said Nagaon P.S. Case, noted above.

16. With the above observation, this pre-arrest bail application stands disposed of.

JUDGE Comparing Assistant