KALIMMULLA ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Rahman, learned counsel for the applicant. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State respondent. Apprehending arrest in connection with Sonapur P.S. Case No. 108/2022, under Ss. 120(B)/365/294 /506 of the Indian Penal Code, this application under Sec. 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Kalimmulla Ali @ Md Kalum Ali, for grant of pre-arrest bail.

(2.) It is to be noted here that the aforesaid Sonapur P.S. Case No. 108/2022, under Ss. 120(B)/365/294/506 of the Indian Penal Code, has been registered on the basis of one F.I.R., lodged by one Shri Mukhtang Basumatary on 14/5/2022, to the effect that his wife, Smti X (name withheld), was found missing from his house since 12/5/2022 and later on, he came to know that Md. Karim has kidnapped his wife and wrongly confined in his house. Mr. Parasar, learned Additional Public Prosecutor, obtaining necessary instruction from the I.O. concerned, submits that the investigation of the case has already been completed and the I.O. has submitted Charge-Sheet, being Charge-Sheet No. 75/2022, dtd. 22/8/2022, against the present applicant, before the Court of learned Chief Judicial Magistrate, Kamrup(M).

(3.) Since the Charge-Sheet has already been submitted, after completion of investigation, there is no question of hampering investigation or tampering the witnesses. Now, trial will start and the accused has to prepare his defence. In view of above, this anticipatory bail application stands disposed of by directing the applicant to appear before the Court of learned Chief Judicial Magistrate, Kamrup(M), within a period of 15 (fifteen) days from today and to file an application for regular bail and in event of filing such application, the learned Court below shall consider the same in accordance with law.