AB/1739/2026 of RAMJAN ALI Vs THE STATE OF ASSAM on 14 September 2026

ORDER

15.09.2026 Heard Mr. D. J. Haloi, learned counsel for the applicant and Mr. P. Barthakur, learned Additional Public Prosecutor for the State respondent.

2. This application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by applicant, namely, Ramjan Ali, who has been apprehending his arrest in connection with PRC Case No. 875/2023, arising out of Dhekiajuli P.S. Case No. 106/2022, under Sections 447/376 of the IPC, for grant of pre-arrest bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Taslima Khatun (actual name withheld), on 18.03.2022. The essence of allegation in the FIR dated 18.03.2022, is that on 16.03.2022, at about 10:00 AM, one Shahjahan Ali, Md. Naushad Ali, Rafiqul Islam and the present applicant had taken her daughter, namely, Smti. ‘X’ (actual name withheld), to the hill of Singri temple, with a view to marry her and there, committed rape upon her and left her at old Sitalmari Centre, on 17.03.2022, at about 7:00 PM.

4. Mr. Haloi, learned counsel for the applicant submits that the investigating officer, after completion of investigation, submitted charge-sheet under Section 120B/34 IPC, and that thereafter, the learned Trial Court had issued Non- Bailable Warrant of Arrest (NBWA) and Proclamation and Attachment against the present applicant; which, according to Mr. Haloi, has been illegally issued against the present applicant. He also submits that the applicant is ready to face trial and therefore, he has contended to grant pre-arrest bail to the applicant.

5. Per contra, Mr. Barthakur, learned APP, has vehemently opposed the application. He submits that the case has already been charge-sheeted and the learned Trial Court has issued NBWA and also issued Proclamation and Attachment against the present applicant. By referring to a decision of the Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Pradip Sarma, reported in (2014) 2 SCC 171, he submits that it is well settled that when NBWA and Proclamation and Attachment are pending against an accused, the privilege of pre-arrest bail cannot be granted to the accused and therefore, he has contended to dismiss the application.

6. Having heard the submissions of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also perused the decision referred to by Mr. Barthakur, learned APP.

7. It is well settled in the case of Srikant Upadhyay & Ors. Vs. State of Bihar & Another, reported in (2024) 12 SCC 382, that where an NBWA is pending and the process of proclamation under Sections 82/83 CrPC has been issued, the accused is not entitled to any relief of anticipatory bail. It is also well settled that the relief granted by exercising the power under Section 438 of erstwhile Cr.P.C., is extraordinary and continuous defiance of Court process and absconding, disentitles a person from the same. Similar observation is also made by the Hon’ble Supreme Court in the case of State of Madhya Pradesh Vs. Pradip Sarma (Supra), which Mr. Barthakur, learned APP has referred to.

8. In the instant case, NBWA and Proclamation and Attachment is pending against the applicant since long. He has been evading arrest and the process of the Court.

9. In view of above, this Court is of the view that this pre-arrest bail application is not at all maintainable and therefore, the same stands dismissed.

JUDGE Comparing Assistant