Arjun Kumar Ray v. The Union of India

ORDER Date : 17-02-2024 Heard Mr. M. Hoque, learned counsel for the petitioners Sri Arjun Kumar Ray, Sri Vijay Ray and Sri Sanjay Ray.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure, 1973 along with an amended cause title. It is submitted on behalf of the petitioners that they are languishing in the jail and they are booked under Sections 20(b)(ii)B/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in connection with Bongaigaon GRPS Case No. 138/2023.

¶3The allegation against the petitioners is that they were in possession of 2.2 kgs of ganja.

¶4I have considered the submissions at the bar with circumspection. It is submitted on behalf of the petitioners that they will cooperate with the investigation as well as with the trial if the final report is submitted against them. Investigation may have presumably progressed to a considerable extent as this investigation has commenced on 21.12.2023.

¶5Considering all aspects and considering the length of detention, petition is allowed.

¶6The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a local surety of like amount to the satisfaction of the learned trial Court under the conditions that:

i) The petitioners shall appear before the Investigating Officer after every fifteen days till the charge sheet is submitted and the petitioners shall cooperate with the trial if the final report is submitted against them. Page No.# 3/3

ii) The petitioners shall refrain from such activities with which they alleged.

iii) The petitioners shall not jump the bail

¶7On breach of any of the bail conditions, bail order shall stand cancelled.

In the above terms observations, this Bail Application stands disposed of.

JUDGE Comparing Assistant

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