Sambhu Rajbhor v. The State of Assam

ORDER

01.03.2024

Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Sambhu Rajbhor, who is apprehending arrest in connection with Golakganj P.S. Case No. 426/2023, registered under Page No.# 2/2 Sections 22(b)(ii)(B) of NDPS Act. It is submitted by the learned counsel for the petitioner that the petitioner is no way connected with the alleged offence and prior to registering of the present case, another case was registered vide GDE No. 716 on 25.09.2023 and the son of the petitioner was arrested in connection with the alleged offence. Learned counsel for the petitioner also submitted that though the cannabis was recovered from his house but he was not present at the relevant time. As it was not recovered from his conscious possession, prayer for bail may be considered. On the other hand, Mr. Goswami, learned Additional Public Prosecutor for the State has submitted that the alleged contraband was recovered from the house of the present petitioner and subsequently, FSL report is received which gave positive test on cannabis. At this stage, pre arrest bail may not be granted to the petitioner. In view of above, this Court is of the view that this is not a fit case to grant the privilege of pre-arrest bail to the petitioner. Therefore, the benefit of pre-arrest bail may not be considered to the petitioner and prayer is rejected accordingly. The pre-arrest bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010005162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/81/2024 SAMBHU RAJBHOR S/O LT. DUKHORAM RAJBHOR VILL- SOUTH TUKERCHARA PT.I P.S. GOLAKGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI