Mozidul Sk v. The State of Assam

ORDER Date : 18.05.2023

Heard Mr. R. Goswami, learned counsel for the petitioner. Also heard Page No.# 2/4 Mr. Bhaskar Sarma, learned APP appearing for the State.

¶2The petitioner, who was arrested on 01.03.2023, is seeking regular bail under section 439 Cr.P.C. in connection with Bilasipara P.S. Case No. 109/2023, under section 20(b)(ii)(B) of the NDPS Act basically on the ground that the petitioner is in custody for more than 60 days, which is the period after which the petitioner would be entitled to default bail under section 167(2)(a)(ii) Cr.P.C.

¶3The learned APP has opposed the prayer for bail on the ground that there are sufficient incriminating materials against the petitioner.

¶4When the matter was called, the Court had directed the learned APP to obtain instruction as to whether charge-sheet has been submitted.

¶5The learned APP has submitted that as per telephonic instruction received by him from the I/O, charge-sheet could not be submitted as the FSL Report regarding the seized contraband is still awaited.

¶6In that view of the matter, as the petitioner is in custody for last more than 60 days, the Court is of the considered opinion that the petitioner has become entitled to default bail under section 167(2)(a)(i) Cr.P.C. Hence, the Court is inclined to grant bail to the petitioner, namely, Mozidul Sk. in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with two solvent sureties of like amount to the satisfaction of the learned Special Judge, NDPS, Bilasipara.

¶7Bail is granted on the following conditions: Page No.# 3/4 I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. II. 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. III. The petitioner shall not obstruct the smooth progress of the investigation/trial. IV. The petitioner shall not misuse his liberty in any manner. V. The petitioner shall appear before the I/O within 10 (ten) days from the date of his release. VI. Along with the bail bond, the petitioner shall submit an undertaking that he shall appear before the learned trial Court on each and every date. If the petitioner is unable to appear before the said learned Court on any particular date, he would obtain a previous order from the said learned Court to be absent on the date fixed. However, the petitioner shall ensure that he is duly represented by his learned counsel on such date. VII. The petitioner shall submit an undertaking that he would Page No.# 4/4 not dispute his identity or the identity of the witnesses when the trial proceeds while he is represented by his learned counsel.

¶8This application stands disposed of.

¶9As default bail has been granted to the petitioner on the ground that the FSL Report is not available, the Court is inclined to ask the learned APP to transmit a downloaded copy of this order to the Director General of Police, Assam to bring the order to the notice of the said authority.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010106282023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1750/2023 MOZIDUL SK S/O LATE MONU SK. R/O VILL- DIPORKUTI P.S. BILASIPARA DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LD. PP, ASSAM Advocate for the Petitioner : MR. R GOSWAMI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA