Joban Ali v. The State of Assam

ORDER

08.04.2024

Heard Mr. A. Paramanik, learned counsel appearing for the accused petitioner as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Joban Ali, has prayed for grant of bail in connection with Nagarbera P.S. Case No.18/2024 under Sections 20(b)(ii)(B) of NDPS Act. The matter relates to recovery and seizure of 3.840 kg of suspected Ganja from the possession of the accused petitioner. Page No.# 2/2 It is submitted by the learned counsel for the petitioner that the petitioner is detained in judicial custody for last 44 days since his arrest i.e. on 24.02.2024. He therefore, prayed that considering the length of detention, bail prayer of the petitioner may be considered. Mr. R. R. Kaushik, learned Additional Public Prosecutor has submitted that though case diary is received without the FSL report, however, considering the length of detention, bail may be considered. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned Special Judge, Kamrup, Amingaon. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup, Amingaon without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010047172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./722/2024 JOBAN ALI S/O LT JOYNAL AKON, R/O BHAKHURADIA, P.S.-NAGARBERA, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A PARAMANIK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI