Abdul Alim v. The State of Assam

ORDER Date : 24.06.2024

Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent.

Page No.# 2/3 This is an application under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused/petitioner, who has been arrested in connection with Barpeta Road P.S. Case No. 53/2024, under Section 21(b) of the NDPS Act.

Case Diary has been received. Perused the same. Heard both sides.

It is submitted by Mr. Ahmed, learned counsel for the petitioner, that the accused/petitioner is innocent and he has been falsely implicated in this case. Further, he has been in custody for last 57 days and hence, considering his length of detention, he may be enlarged on bail.

In this context, Mr. Goswami, learned Additional Public Prosecutor, has submitted that there are sufficient incriminating materials against the present accused/petitioner in the Case Diary. However, there is nothing in the Case Diary to show that the I.O. will file the Charge-Sheet within the stipulated period. After hearing the submissions made by the learned counsels for both sides, it is seen that there is no probability of filing the Charge-Sheet within the statutory period by the I.O. and hence, without going by the merit of the case and only considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation of the accused/petitioner seems to be not necessary for the interest of investigation.

Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the Page No.# 3/3 satisfaction of the learned Special Judge, Barpeta, the accused/ petitioner, namely, Abdul Alim, be enlarged on bail, subject to the following conditions:

(i) that the petitioner shall fully co-operate with the I.O. and shall make himself available for interrogation by the I.O. as and when required in connection with the aforesaid P.S. Case;

(ii) 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 Court or to any police officer; and

(iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Barpeta, without prior permission.

In terms of above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010097442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1415/2024 ABDUL ALIM S/O ABDUL KADER R/O VILL- JAKHLI BILL PATHER 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 MITALI THAKURIA