Nanda Ray v. The State of Assam

ORDER

19.12.2024

¶1Heard Mr. A. Dutta, learned counsel for the petitioner, Nanda Ray, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 10.08.2023 in connection Page No.# 2/3 with NDPS Case No. 44/2024 arising out of GRPS Case No.135/2023 under Sections 20(b)(ii)(C) of the NDPS Act.

¶2Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶3Learned Additional Public Prosecutor has raised serious objection against the bail petition. It is submitted that the medical report called from the Central Jail has not been received.

¶4Learned counsel for the petitioner has submitted that the petitioner is 81 years old and the petitioner has allegedly been caught in possession with Ganja weighing 22.110 kgs, which is just above the commercial quantity.

¶5The petitioner is willing to co-operate with the trial. The petitioner is ailing and he has submitted the medical documents. It is also submitted that the petitioner is suffering from ulcer and his life will be in peril if he is incarcerated for a prolonged period. Trial is being procrastinated by the prosecution as well as by the Court.

¶6I have considered the submissions at the Bar with circumspection. I have considered the age of the petitioner. I have considered the submission that the petitioner is ailing from acute ulcer. It is also submitted at the Bar that the petitioner is suffering from hernia.

¶7I have considered the submissions that the petitioner is willing to abide by Page No.# 3/3 any stringent bail conditions if imposed upon him.

¶8In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail of Rs. 1,00,000/- (Rupees One lac) with a local surety of like amount to the satisfaction of the learned Trial Court under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged, and

(ii) The petitioner shall cooperate with the trial.

¶9The learned Trial Court may impose conditions to secure the attendance of the petitioner.

¶10On breach of any of the bail conditions, the Jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioner.

¶11In terms of the above observation, anticipatory application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010261152024 2024:GAU-AS:13042 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3779/2024 NANDA RAY S/O LT. JAGIBAN RAY R/O BAHRAMPUR P.S. RAGHAPUR DIST. BAISALI, BIHAR. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A DUTTA, MR. A GANGULY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND