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Judgment
This is an application under Section 438 of the Code of Criminal Procedure, 1973 seeking pre-arrest bail in connection with Phulbari P.S. Case
No. 33(8)/2017 (G.R. 61/17-D) under Sections 447/326/307/323/34 I.P.C.
Mr. K. Khan, Sr. Addl. P.P for respondent submits that the applicant was granted interim protection by learned District & Sessions Judge,
West Garo Hills District, Tura but the applicant did not appear before the Investigating Officer and therefore, the application was dismissed on
21st September, 2017.
Mr. M.R. Khandakar, learned counsel for the applicant/petitioner seeks permission to withdraw the present application with liberty to move
fresh application before learned District & Sessions Judge, West Garo Hills District, Tura. Learned counsel for the applicant/petitioner has also
moved an application seeking permission to withdraw the present application for bail.
Mr. K. Khan, Sr. Addl. P.P for respondent submits that he has no objection to the prayer made by learned for the applicant/petitioner.
Considering the facts and circumstances of the case and submissions made by learned counsel for the parties as well as the application filed on
behalf of the applicant/petitioner, the application is dismissed as withdrawn with the liberty to move fresh application before the learned District &
Sessions Judge, West Garo Hills District, Tura.