Madhab Hazarika and Anr v. The State of Assam

ORDER Date : 17.05.2024

Heard Mr. K.R. Patgiri, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr.P.C., seeking bail by the petitioners, namely, Madhab Hazarika and Dul Hazarika, in connection with Baginadi P.S. Case No. 08/2024, registered under Section 20(b)(ii)

(B) of NDPS Act. It has been submitted by the learned counsel for the petitioners that the petitioners were arrested on 19.03.2024 and since then they have been detained in custody. In the meantime, they have completed mandatory period of 60 days in custody and charge-sheet has not yet been submitted. Hence, the petitioners are entitled for default bail. Mr. Kaushik, learned Additional Public Prosecutor for the State submits that the case diary has been received and the charge-sheet has not yet been submitted in this case. There is no any prayer by the investigating officer requiring extension of time for further detention of the petitioners. I have considered the submissions made by the parties. I have perused the case diary. As it appears that the petitioners have been detained in custody for more than 60 days and charge-sheet has not yet been submitted and there is no prayer by investigating officer requiring further detention of the petitioners, therefore, the petitioners may be enlarged on bail. Accordingly, the petitioners, named above, shall be released on bail in connection with Baginadi P.S. Case No. 08/2024, registered under Section Page No.# 3/3 20(b)(ii)(B) of NDPS Act, on furnishing bail bond of Rs.50,000/- each with two suitable sureties each of the like amount, to the satisfaction of learned Special Judge, Lakhimpur, Assam. The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Lakhimpur, Assam 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. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010074182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1055/2024 MADHAB HAZARIKA AND ANR. S/O SRI GOBIN HAZARIKA R/O VILL-BADHAKURA BALIGAON P.S. BAGINADI DIST. LAKHIMPUR, ASSAM PIN-787032 2: DUL HAZARIKA S/O SRI KAN HAZARIKA R/O VILL- BADHAKURA BALIGAON P.S. BAGINADI DIST. LAKHIMPUR ASSAM PIN- 78703 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K R PATGIRI Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI