Raja Teron v. State of Assam

ORDER Date : 04.08.2023

Heard Mr. S Ahmed, learned counsel for the accused petitioner as well as Mr. M.P Goswami, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Raja Teron has prayed for grant of bail in connection with NDPS Case No. 80 (H)/2022 pending in the Page No.# 2/3 court of learned Sessions Judge, Hojai, (arising out of Doboka P.S. Case No. 152/2022) under Sections 21(c)/23 ( c)/27A/29 of the NDPS Act. The scanned copy of the status report, as called for, is placed before the Court. It is noticed that the accused petitioner has been in judicial custody since 08.06.2023, i.e. for 423 days. The matter relates to recovery and seizure of 2400 Nos. of blue colored capsules marked as SAMPEX + from a car bearing registration No. AS-01AX-3979. Mr. S Ahmed, learned counsel for the accused petitioner submits that all prosecution witnesses have been examined and the case is now pending at the argument stage and the next date is fixed on 14.08.2023 for argument. Mr. Ahmed further submits that co-accused persons have already been released on bail and as such, the present accused petitioner may be granted the liberty of bail subject to any condition. Having heard the learned counsel for accused petitioner and on perusal of the status report as well as documents annexed with the petition, it is revealed that the case is now at the fag end of trial and as such, considering the length of detention of the accused petitioner for 423 days, his further detention may not be necessary for the purpose of trial. Therefore, it is provided 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), Hojai 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 prosecution witnesses, if any; and

(iii) That the accused petitioner shall refrain from committing any similar offences in future, of which he is accused of commission; and.

(iv) That one of the two sureties must be a government servant subject Page No.# 3/3 to verification of the relevant documents and the learned Court below shall return the aforesaid documents after such verification retaining legible scanned copy thereof on record. 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 GAHC010146212023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2437/2023 RAJA TERON S/O RAKESH SINGH TERON R/O VILL- MANJA TERON BASTI, P.S. DIPHU DIST. KARBI ANGLONG, ASSAM PIN-782460 VERSUS STATE OF ASSAM TO BE REP. BY THE PP, STATE OF ASSAM Advocate for the Petitioner : MR S AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR