Bajrangi Sah v. The State of Assam

Page No.# 1/3 GAHC010014802024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./242/2024 BAJRANGI SAH S/O NARAYAN SAH CURRENT RESIDENT OF LAHORIJAN, NEAR GUPTA ENTERPRISE P.S. KHATKHATI IN THE DISTRICT OF KARBI ANGLONG, ASSAM, PERMANENT RESIDENT OF SONALI BAZAR, P.S. AND DISTRICT KHAGRAYA, BIHAR VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM

B E F O R E HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

07.02.2024

¶1Heard Mr. S. Nawaz, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3

¶2This application under Section 439 Cr.P.C, is preferred by the petitioner, namely, Bajrangi Sah, who is in judicial custody since 18.12.2023 in connection with NDPS Case No. 02/2024 arising out of Khatkhati P.S. Case No. 87/2023, registered under Sections 21(b)/25/29 of NDPS Act.

¶3I have considered the submissions at the Bar with circumspection. It is submitted at the Bar that the charge-sheet has been laid against the petitioner and the co-accused has already been granted bail.

¶4The learned Addl. P.P. has raised serious objection against the bail of the petitioner.

¶5The allegation against the petitioner is that the co-accused of the petitioner was found in possession of 9.20 grams of heroin along with cash of Rs. 10,49,700/-.

¶6I have considered the submissions of the petitioner that the prime accused has already been enlarged on bail by the learned trial Court. The petitioner is willing to co-operate with the trial. He has also pledged to abide by any bail conditions if imposed on him.

¶7Considering all aspects, petition is allowed.

¶8The petitioner shall be enlarged on bail of Rs. 50,000/-with a suitable surety of the like amount to the satisfaction of the learned trial Court, under the conditions that:-

(i) the petitioner shall refrain from such activities with which he is alleged,

(ii) the petitioner shall not leave the territorial jurisdiction of the Court without prior permission of the Court, till completion of trial. On breach of any bail conditions, bail order shall stand cancelled. Page No.# 3/3 Accordingly, bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant