Safikul Islam v. The State of Assam

ORDER Date : 28.05.2024

Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. This is an application filed under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Safikul Islam, in connection with Palashbari P.S. Case No. 136/2024, registered under Section 21(b) of NDPS Act, 1985. The learned counsel for the petitioner submits that intermediate quantity of suspected heroin was recovered from the possession of the petitioner and the same weighed 65 grams without Page No.# 2/2 container. It is further submitted that the petitioner has been in judicial custody for 49 days since he was arrested on 10.04.2024. Substantial part of investigation is also completed and as such, considering length of detention, petitioner may be enlarged on bail. The learned Addl.P.P. has produced the case diary without the FSL report. Having heard the learned counsel for the parties and on perusal of case diary and the averments made in this petition, it appears that the petitioner is in judicial custody for 49 days. Substantial part of investigation is also over except collection of FSL report and as such, considering length of detention, this Court is of the considered opinion that further custodial interrogation of the petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge, Kamrup, Amingaon, subject to the following conditions;-

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

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner 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 Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010081822024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1191/2024 SAFIKUL ISLAM S/O MANIRUDDIN @ MANURUDDIN R/O VILL- KAURPARA, P.S. GOBARDHANA,DIST. BAKSA, 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 MRS. JUSTICE MALASRI NANDI