Md Sahidul Islam @ Abu Sahid v. The State of Assam

ORDER

21.06.2024 Heard Mr N Mahajan, learned counsel for the petitioners, 1) Rishi Kumar and 2) Deepak Singh, who have filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail as they are behind bars since 22.02.2023, in connection with Special (Nar) Case No. 78(BGN)/2023, arising out of Bongaigaon GRPS Case No. 16/2023, under Sections 20 (b) (ii) (C)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS, in short). Page No.# 2/4

¶2Heard Mr B Sharma, learned Additional Public Prosecutor for the State of Assam.

¶3It is submitted on behalf of the petitioners that they are languishing in the jail since

22.02.2023. The petitioners have prayed for bail on the ground of parity.

¶4The learned counsel for the petitioners has relied on the decision of Hon'ble the Supreme Court, wherein the co-accused, Abhinav Kumar and Pashupati Mandal were granted bail by the Hon'ble Supreme Court in SLP(Crl.) Nos. 4769-4770/2024. The appellants, Abhinav Kumar and Pashupati Mandal were granted bail vide order dated

11.06.2024 in connection with SLP(Crl.) Nos. 4769-4770/2024. The cause of action of the aforementioned case is similar to the cause of action of this case, i.e., Special (Nar) Case No. 78(BGN)/2023.

¶5Vide order dated 22.12.2023 in connection with Bail Application No. 3112/2023, the bail prayer of the petitioners, Abhinav Kumar and Pashupati Mandal were rejected by this Court. Both the petitioners preferred an appeal before the Hon'ble Supreme Court and they were granted bail by the Hon'ble Supreme Court. The Bail Application No. 3112/2023 was also in connection with Special (Nar) Case No. 78(BGN)/2023.

¶6The learned counsel for the petitioners have prayed for bail on the ground of parity and has thereafter, relied on the decision of Hon'ble the Supreme Court in Anjan Nath – Vs-State of Assam, in connection with Special Leave to Appeal (Crl.) No. 9860/2023.

¶7It has been submitted by the learned counsel for the petitioner that vide Judgment and order dated 19.07.2023, passed by this Court in Bail Application No. 2022/2023, the Page No.# 3/4 petitioner, Anjan Nath's prayer for bail was rejected. The appellant then challenged this order dated 19.07.2023, before Hon'ble the Supreme Court and he was granted bail. It was observed in Anjan Nath's case (supra) that- "3. Taking into consideration the fact that the similarly circumstanced accused has already been released on bail by this Court, we are inclined to grant bail to the petitioner.

¶4The petitioner is directed to be released on bail in connection with Special (NDPS) Case No. 122 of 2021, under Section 22(c)/25/29 of the NDPS Act, pending before the Special Judge, Karimganj, arising out of FIR No. 432 of 2021 (G.R. No. 3617 of 2021) registered at Police Station Nilambazar, to the satisfaction of the Trial Court."

¶8Relying on the decision of Hon'ble the Supreme Court in Anjan Nath's case (supra), the present petitioners, 1) Rishi Kumar and 2) Deepak Singh, have also prayed for bail on the ground of parity.

¶9I have considered the submissions at the Bar with circumspection.

¶10I have also relied on the decision of Hon'ble the Supreme Court in Abhinav Kumar's case (supra) and Anjan Nath's case (supra). It is manifest that Abhinav Kumar's case (supra) and the case of the present petitioners is based on the same cause Page No.# 4/4 of action. Therefore, as the petitioners are similarly circumstanced with Abhinav Kumar's case (supra), the petitioners' prayer for bail is allowed. The petitioners are enlarged on bail of Rs. 50,000/-each, with one suitable surety each of the like amount to the satisfaction of the learned trial Court, under the conditions that-

i) the petitioners shall refrain from such activities with which they are alleged,

ii) the petitioners shall not jump the bail,

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission, till completion of trial. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶11Bail Application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010108212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1427/2024 MD SAHIDUL ISLAM @ ABU SAHID S/O ALTAB ALI, R/O VILL NO. 2 AHMEDPUR, P.O.-SONAPUR, P.S.-BIHPURIA, PIN-784160, DIST- LAKHIMPUR (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : F K R AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND