Juumana Yasmin Barbhuiya @ Jumana Yeasmin Barbhuiya v. The State of Assam

ORDER Date : 20-05-2024 Heard the learned counsel for the parties. This is an application under section 439 of the Cr.P.C praying for bail of the applicant namely, Juumana Yashmin Page No.# 2/3 Barbhuiya @ Jumana Yeasmin Barbhuiya who was arrested on

14.03.2024 in connection with Dholai PS Case No.49/2024 (GR No.559/2024) under sections 21(c) of NDPS Act. The basic allegation in the FIR in a nutshell is that the informant police officer on the basis of an information from reliable source made search in the house of the accused and recovered large quantity of narcotics substances i.e., 1.085 kgs of suspected brown sugar kept in concealed state in 20 numbers of plastic soap cases and 11.316 kgs of heroine concealed in 11 numbers of leather bags and accordingly the accused was arrested. Perused the materials available on record and also perused the statement of the seizure witnesses. In the case diary there are sufficient incriminating materials against the petitioner. Though investigation is progressing, however, same is at very nascent stage. Considering the above, this court is of the view that this is not a fit case for grant of bail at this stage. Accordingly the present application stands dismissed. It is submitted by Mr. Deka learned counsel for the petitioner that the petitioner is carrying 5 (five) months pregnancy and therefore a direction may be issued to the jail authorities to take proper medical care of the accused. Mr. B Sarma learned Addl. PP fairly submits that he will instruct the jail authorities to take proper medical care of the accused. Page No.# 3/3 Be that as it may, it is provided that the jail authorities shall provide proper medical care to the accused in custody. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010095132024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1368/2024 JUUMANA YASMIN BARBHUIYA @ JUMANA YEASMIN BARBHUIYA W/O BADRUL ISLAM BARBHUIYA VILL- LOKNATHPUR P.O. BHAGA BAZAR, P.S. DHOLAI DIST. CACHAR, PIN-788120 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P K DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY