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IN THE GAUHATI HIGH COURT
, J
Azibur Rahman @ Aziz @ Ajibur – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. facts of arrest and charges (Para 1 , 2 , 3) |
| 2. arguments for bail (Para 4) |
| 3. arguments against bail (Para 5) |
| 4. court’s preliminary considerations (Para 6 , 7 , 8) |
| 5. rights under constitution (Para 9 , 10 , 11 , 12 , 13) |
| 6. procedural requirements for arrest (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 7. grounds of arrest and their importance (Para 20 , 21) |
| 8. judicial precedents on rights of arrestee (Para 22 , 23 , 24) |
| 9. violation of rights renders arrest illegal (Para 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 10. conclusion and issuance of bail (Para 32 , 33 , 34) |
1. Heard Mr. Y. S. Mannan, learned Counsel appearing for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State respondent.
2. This is the third bail application under S.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as " BNSS ") for granting regular bail to the accused / petitioner i.e. Azibur Rahman @ Aziz @ Ajibur who was arrested on 09.04.2023 in connection with NDPS Case No. 103/2023 arising out of Pragjyotishpur P.S. Case No. 48/2023 registered under S.20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred
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