Abu Taher v. The State of Assam

ORDER

07.08.2024

Heard Ms. A. Medhi, learned counsel appearing for the accused petitioner as well as Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 BNSS, 2023, the accused-petitioner, namely, Abu Taher, has prayed for grant of bail in connection with Hatigaon P.S. Page No.# 2/3 Case No.130/2024 under Sections 21(b) of NDPS Act. It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 58 days since his arrest on 12.06.2024. It is further submitted that the contraband items recovered from his possession are intermediate quantity wherein the statutory period is 60 days. He further submitted that substantial part of investigation is also completed and considering the length of detention, prayer for bail may be considered. Mr. R. J. Baruah, learned Additional Public Prosecutor has submitted that case diary has been received without the FSL report. He opposed in granting bail to the petitioner by stating that the suspected heroin was recovered from the possession of the accused petitioner. I have heard the learned counsel for both the parties also perused the case diary. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount, to the satisfaction of learned Special Judge (NDPS), Kamrup(M), Guwahati. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge (NDPS), Kamrup(M), Guwahati without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) shall not, directly or indirectly, make any inducement, threat or promise to any Page No.# 3/3 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. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010140382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2067/2024 ABU TAHER S/O LATE JAMAL UDDIN, R/O VILL AND P.O.-PALHAJI, P.S.-BARPETA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. A. MEDHI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI