Gauhati High Court

Abul Kalam Azad vs The State Of Assam on 13 May, 2025

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GAHC010041902025




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

                                Case No. : Bail Appln./596/2025

            ABUL KALAM AZAD
            S/O LATE ABU TALEB BEPARI
            R/O SOUTH SALMARA PART-II
            P.S. SOUTH SALMARA
            DIST. SOUTH SALMARA MANKACHAR, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM



Advocate for the Petitioner   : MR. S M MOLLAH, MS. F BEGUM

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 13.05.2025

Heard Mr. S. M. Mollah, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent.

Page No.# 2/2 The learned counsel for the petitioner has submitted that the petitioner has filed an additional affidavit to take some additional ground for seeking bail in this case, namely, he was not furnished the grounds of arrest at the time when he was arrested in this case, as the notice served on him under Section 47 of the BNSS, 2023 does not contain the ground of arrest.

He relies on the rulings of the Apex Court in the case of "Vihan Kumar Vs. State of Haryana and Another" reported in 2025 SCC Online SC 269.

On this, the learned Additional Public Prosecutor has submitted that he may be granted two days' time to give some counter submissions on the applicability of the judgment of Vihan Kumar Vs. State of Haryana and Another in this case.

He also cites that he intends to rely on some ruling in support of his submissions.

The prayer is allowed.

Let this case be listed on 16.05.2025.

JUDGE

Comparing Assistant