Mughaka Zhimoni and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010068102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./959/2024o MUGHAKAoZHIMONIoANDoANRo S/OoVIKATOoZHIMONIo R/OoH/NO.o03oKHEKIHOoVILLAGEo P.S.oDHANSIRIPARo DIST.oCHUMUKIDIMA,oNAGALAND. 2:oVINATOoSHOHE oS/OoLUTOIoSHOHEo R/OoHOUSEoNO.o20oPROJECToCOLONY oP.S.oNIULAND oDIST.oNIULAND oNAGALAND o PRESENTLYoRESIDINGoAToR/OoVILL-oKHEKIHO oP.S.oDHANSIRIPAR oDIST.oCHUMUKIDIMA oNAGALANDo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoLEARNEDoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMS.oKoMALAKARo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Page No.# 2/3

03.05.2024

Heard Ms. K. Malakar, learned counsel appearing for the accused petitioners as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioners, namely, Mughaka Zhimoni and Vinato Shohe, have prayed for grant of bail in connection with Khatkhati P.S. Case No.32/2024 under Sections 21(b)/29 of NDPS Act. The matter relates to recovery and seizure of 35.33 grams of heroin from the possession of the accused petitioner which falls under intermediate quantity. It is submitted by the learned counsel for the petitioners that the accused petitioners have been languishing in judicial custody for last 56 days since their arrest on 09.03.2024 and the contraband items recovered from their possession are intermediate quantity. Considering the length of detention, prayer for bail may be considered. Mr. D. Das, learned Additional Public Prosecutor has submitted that case diary has been received without the FSL report. He further submitted that the contraband recovered from their possession falls under intermediate quantity. However, he has made objection in granting bail to the petitioners. 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-petitioners is not necessary in the interest of investigation of the case. Accordingly, the petitioners, named above, shall be released on bail, on furnishing bail bond of Rs.1,00,000/- each with two suitable sureties each of the like amount out of which one of the surety must be a government employee of Assam, Page No.# 3/3 to the satisfaction of learned Special Judge, Karbi Anglong. The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Karbi Anglong 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