Pradip Biswas v. The State of Assam

ORDER

17.05.2024

Heard Mr. M. Alam, 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, Pradip Biswas, has prayed for grant of bail in connection with Laluk P.S. Case Page No.# 2/3 No.34/2024 (corresponding to GR No. 182/2024) under Sections 21(b)/29 of NDPS Act. It is submitted by the learned counsel for the petitioner that the petitioner is detained in judicial custody for last 48 days since his arrest i.e. on 30.03.2024. Nothing has been recovered from the possession of the accused petitioner and he was arrested only on suspicion. 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 produced the case diary without the FSL report and submits that only some empty containers were recovered from the possession of the accused petitioner. Considering the length of detention, petitioner may be enlarged on bail. 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.50,000/- with two sureties of the like amount, to the satisfaction of learned Special Judge, Lakhimpur, North Lakhimpur. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Lakhimpur, North Lakhimpur 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. Page No.# 3/3 In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010083912024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1208/2024 PRADIP BISWAS S/O LATE SUBOL BISWAS R/O NO. 2 PARBOTIPUR, P.S. LALUK DIST.LAKHIPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI