Jubair Ahmed v. The State of Assam

ORDER Date : 05-04-2024 Heard Mr. M. Ahmed, learned counsel for the petitioner. I have also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. This is an application under Section 439 Cr.P.C., seeking regular Page No.# 2/2 bail by the petitioner, namely, Jubair Ahmed, in connection with Ramkrishna Nagar P.S. Case No. 166/2022, registered under Sections 21(C)/25/29 of the NDPS Act, 1985. It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 20.12.2022. Since then, he has been detained in custody. Charge-sheet has been submitted on 30.04.2023 but till today charge has not yet been framed. On the other hand, learned APP submits that one accused was shown as absconder in the charge-sheet. Though warrant of arrest was issued against the co-accused but the police has failed to arrest him. In view of the above, the learned trial Court is directed to spilt up the case against the accused who are attending the Court and start the process of trial in accordance with law. However, bail application is rejected and disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010005902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./138/2024 JUBAIR AHMED S/O ABDUL KUDDUS R/O VILL- FATEHPUR P.S. KARIMGANJ DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI