Baten Ali @ Miya @ Baten Miya v. The State of Assam

ORDER Date : 30-01-2024

¶1Heard Mr. SAB Khabir, learned counsel for the petitioner, Sri Baten Ali @ Miya @ Baten Miya. Page No.# 2/2

¶2The petitioner has filed this application under Section 439 Cr.PC, with prayer for bail as he is in jail since 20.12.2023, in connection with Abhayapuri PS Case No. 553/2023, under Sections 20(A) Narcotic Drugs and Psychotropic Substances Act, 1985 corresponding to NGR No. 934/2023.

¶3Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶4I have considered the submissions at the Bar. The petitioner is forwarded to custody as four ganja trees (shrub) were found within his house premises.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6I have considered the submissions on behalf of the petitioner that he is a local resident and he is booked u/s 20(A) of the NDPS Act which implies he was found in possession of small quantity of ganja. I have also considered the submissions that the petitioner is willing to abide by any bail conditions. The petitioner has pledged to co-operate with the trial.

¶7Considering 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 Additional Sessions Judge, Abhayapuri under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; ii. the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial; and iii. the petitioner shall not tamper with the evidence. On breach of any bail conditions, bail order shall stand cancelled. Bail Application stands disposed of. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010008632024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./173/2024 BATEN ALI @ MIYA @ BATEN MIYA S/O ISMAIL ALI @ ISMAIL MIYA R/O VILL- KOKILA MAJ PARA P.O. KOKILA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM PIN-783392 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A S ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND