Dipankar Barman v. The State of Assam

ORDER

10.05.2024

Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor appearing for the State respondent. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Dipankar Barman, in connection Page No.# 2/3 with Bongaigaon PS Case No. 22/2024 registered under Section 20(b)

(ii)(B)/29 of NDPS Act read with Section 4 of Assam Ganja and Bhang Prohibition Act. It is submitted by the learned counsel for the petitioner that the petitioner is no way connected with the alleged offence. The contraband recovered from a vehicle which belongs to someone else. In connection with the fact, he has sworn an additional affidavit by stating that the owner of the said vehicle was Aynal Hoque from whom the alleged contraband was recovered and the said Aynal Hoque has already been arrested. It is further stated that the petitioner is a daily wage earner and sometime he used to drive the said vehicle for which the petitioner has been implicated in the case. On the other hand, Mr. R. R. Kaushik, learned Additional Public Prosecutor has furnished the case diary and has submitted that the petitioner was found in the vehicle along with one Aynal Hoque who has sold the said vehicle to the present petitioner. It is further stated that sufficient incriminating material is available in the case diary against the present petitioner, so, bail may not be granted to the petitioner at this stage. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. On perusal of the case diary, it appears that one Aynul Hoque was the owner of the vehicle bearing No. AS 01 BG 5580 and he sold the said vehicle to the present petitioner from which such contraband items were recovered. In view of the above, this Court is not inclined to grant bail to the Page No.# 3/3 petitioner. Accordingly, the bail application stands rejected. The anticipatory bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010026202024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/324/2024 DIPANKAR BARMAN S/O MONGLU BARMAN R/O VILL- NACHANKUTI P.S. BONGAIGAON, IN THE DISTRICT OF BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MRS. B GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI