Lakhindra Tinikuria v. The State of Assam

ORDER

08.02.2024 Heard Mr P J Dutta, learned counsel for the petitioner, Lakhindra Tinikuria.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail as he is behind bars for 52 days since 18.12.2023, in connection with Naharkatia PS Case No. 97/2023, registered under Sections 21(b)/29 of the NDPS Act.

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3

¶4It is submitted on behalf of the petitioner that the petitioner is willing to cooperate with the trial and to abide by any bail conditions, if imposed on him.

¶5I have considered the submissions at the Bar. I have also perused the Case Diary.

¶6The learned Additional Public Prosecutor has submitted that there are incriminating materials against the petitioner in the Case Diary.

¶7The petitioner was apprehended while carrying 5.26 grams of heroin. He has been behind bars for 52 days.

¶8Indeed, there are incriminating materials against the petitioner, in the Case Diary. However, it appears that investigation may have presumably progressed to a considerable extent.

¶9It also appears that further custodial detention of the petitioner may not be required for the progress of investigation.

¶10I have also considered the submission that the petitioner is willing to abide any bail conditions, if imposed upon him.

¶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 alleged. Page No.# 3/3

ii) the petitioner shall not leave the jurisdiction of the Court without prior permission, till completion of investigation as well as the trial.

iii) the petitioner shall not jump the bail. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶12Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010016152024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./275/2024 LAKHINDRA TINIKURIA S/O- LATE GHANAKANTA TINIKURIA, R/O- MURHANI GAON, P.S.- NAHARKATIA, DIST- DIBRUGARH VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR Advocate for the Petitioner : A KHANDAKAR Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND