Nitu Pathak v. The State of Assam

ORDER

01.02.2024 Heard Mr D Medhi, learned counsel for the petitioner, Nitu Pathak. Page No.# 2/3

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail, as he is behind bars since 14.12.2023, in connection with Fatasil Ambari PS Case No. 314/2023, under Sections 20(b)(ii)(B)/29 of the NDPS Act

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

¶4I have considered the submissions at the Bar with circumspection.

¶5It is submitted on behalf of the petitioner that he is in jail since 14.12.2023.

¶6I have also perused the Case Diary.

¶7Investigation has progressed to a considerable extent.

¶8The petitioner along with the co-accused was found in conscious possession of 11 kgs 280 grams of ganja.

¶9It is submitted that the petitioner will abide by any bail conditions, if imposed upon him, in the event he may be granted bail. The petitioner is also a local resident and he is not a flight risk.

¶10It appears that further custodial detention of the petitioner for the progress of investigation, may not be required.

¶11Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-with a suitable surety of the like amount to the satisfaction of the learned jurisdictional Court, under the conditions that:-

i) the petitioner shall refrain from such activities with which he is Page No.# 3/3 alleged,

ii) the petitioner shall cooperate with the investigation as well as with the trial, and,

iii) the petitioner shall not leave the jurisdiction of the Court without prior permission, till completion of trial. On breach of any bail conditions, bail order shall stand cancelled.

¶12Bail Application stands disposed of.

¶13Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010011412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./37/2024 NITU PATHAK S/O DHARANI PATHAK R/O BYSHKUCHI P.S SARTHEBAEI DIST. BARPETA ASSAM PERMANENT R/O DATAL PARA P.S. FATASIL AMBARI DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MR D MEDHI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND