Anowar Hussain v. The State of Assam

ORDER Date : 08.11.2023

Heard Mr. R.Rana, learned counsel for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Anowar Hussain has prayed for grant of bail in connection with NDPS Case No. 29/2023 pending Page No.# 2/3 in the court of learned Special Judge, Rangia (Rangia P.S. Case No. 411/2022) under Sections 22(c)/29 of the NDPS Act. The scanned copy of the case record, as called for, is placed before the Court. It is noticed that the accused petitioner has been in judicial custody since 27.06.2022, i.e. for 463 days. The case relates to recovery and seizure of 262 grams of suspected brown sugar with plastic pouch from the possession of the accused petitioner. A perusal of the case record reveals recovery and seizure of 262 grams of suspected brown sugar with plastic pouch from the possession of the accused petitioner. The learned Trial Court framed charge under Section 22(c)/29 of the N.D.P.S. Act against the accused petitioner on 02.04.2023. Thereafter, the learned Trial Court has examined 2 (two) prosecution witnesses, out of listed 8 (eight) witnesses. The accused petitioner is in judicial custody since 27.06.2022, that is, for 463 days. The accused petitioner is resident of Bilasipara P.S., District-Dhubri. Considering the facts and circumstances, as discussed hereinabove, and considering the length of detention of the accused petitioner in judicial custody, the prayer for bail is hereby granted. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 1,00,000/-with 2 (two) sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act), Kamrup, Rangia subject to the following conditions-

i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of; and

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any of the remaining prosecution witnesses; and

iii) That the accused petitioner shall refrain from committing any similar offences in future, of which he is suspected of commission; and Page No.# 3/3

iv) That out of the two sureties, one must be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference. Breach of any of the above conditions of bail shall render cancellation of the bail in accordance with law. This disposes of the bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010122212023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2087/2023 ANOWAR HUSSAIN S/O MALDAR HUSSAIN R/O VILL- GHASHBARI P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783348 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M RANA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR