Johnny Choudhury and 2 Ors v. The State of Assam

ORDER Date : 23-01-2024

¶1Heard Ms. S.K. Nargis, learned counsel for the petitioners Johnny Choudhury, Sahil Hussain and Shah Niwaz.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as they are behind bars since 02.12.2023 in connection with Chaygaon Police Station Case No. 553/2023 under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

¶4The learned Additional Public Prosecutor has submitted that the case diary is received but the FSL report is not received and there are incriminating materials against the petitioners that the petitioners were found in possession of 8.22 gms of heroin.

¶5It is submitted on behalf of the petitioners that the petitioners are willing to cooperate with the investigation as well as with the trial and they have pledged to abide by any bail conditions if imposed upon them.

¶6I have considered the submissions at the bar with circumspection. I have also perused the case diary. The case diary reveals that investigation has progressed to a considerable extent. I have considered the submission that the petitioners are local residents. They have pledged to abide by any bail conditions to be imposed upon them and they have also pledged to cooperate with the investigation as well as with the trial. Page No.# 3/3

¶7Considering the submissions at the bar, petition is allowed.

¶8The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Special Judge, Kamrup, Amingaon under the conditions that:

(1) The petitioners shall refrain from such activities with which they are alleged.

(2) The petitioners shall not leave the jurisdiction of the trial Court without prior permission till completion of the trial.

(3) The petitioners shall not tamper with the evidence or try to influence the witnesses.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

¶10Send back the case diary. In the above terms, bail Application stands disposed of.

JUDGE Comparing Assistant

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