Iunuch Ali @ Eunuch Ali v. The State of Assam

ORDER Date : 10.05.2024

Heard Ms. S.R. Kalita, learned counsel for the accused and Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent.

¶2This petition, under Section 439 Cr.P.C. is preferred by the accused, namely, Iunuch Ali @ Eunuch Ali, who has been languishing in jail hazot in Page No.# 2/2 connection with Nagarbera P.S. Case No. 127/2023, under Sections 22(c)/29 of the NDPS Act, for grant of bail.

¶3It is to be noted here that vide order dated 07.03.2024, the learned Additional Public Prosecutor was directed to produce the case diary before this Court. Today Mr. Sarma, learned Additional Public Prosecutor submits that he has not received the case diary, but as per his instruction, the I.O. has completed investigation and submitted charge-sheet, being charge-sheet No. 34/2024, dated 30.04.2024, under Sections 22(c)/29 of the NDPS Act.

¶4Ms. Kalita, the learned counsel for the accused submits that the accused will approach the learned trial Court for bail.

¶5In view of the submission of learned Advocates of both sides, this Court is inclined to dispose of this application by directing the accused to appear before the learned Court below by filing appropriate application and in the event of filing of such an application, the learned Court below shall consider the same in accordance with law.

¶6In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010045262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./671/2024 IUNUCH ALI @ EUNUCH ALI S/O HASEM ALI R/O RANGASWARI P.O. TUPAMARI, P.S. NAGARBERA, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN