Abdul Rahman v. The State of Assam

ORDER Date : 29.08

. 2024

¶1Heard Mr. M.Z. Zaman, learned counsel for the petitioner, Abdur Rahman, who has filed this bail application under Section 483 of BNSS, 2023, with prayer for bail as he is behind bars since 03.07.2024 in connection with Gobardhana P.S. Case No. 102/2024 under Section 21(b) of the NDPS Act, 1985.

¶2The case diary is received and perused. Page No.# 2/3

¶3Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent.

¶4A search was conducted in the petitioner's house and although the petitioner tried to flee, he was apprehended and 64 small plastic vials containing suspected brown sugar was found kept in his house. Inside the small plastic bag contraband weighing 84.87 grams (with vial) and net weight 08.05 gram (without vial) were found and all the items were seized and packed and sealed in the place of occurrence in presence of the independent witnesses.

¶5It is submitted by the learned Addl. Public Prosecutor that there are some materials against the petitioner in the case diary.

¶6I have considered the submission at bar with circumspection. I have also considered the period of detention. The petitioner is behind bars for last 56 days. I have also scrutinized the case diary. I have considered the progress of investigation. It appears that further custodial detention may not be required.

¶7The petitioner is a local resident and he is willing to cooperate with the remaining part of investigation. The petitioner has pledged to abide by any stringent bail conditions, if imposed upon him.

¶8Considering the entire aspect of the matter, petition is allowed. The petitioner named above shall be enlarged on bail on furnishing a bond of Rs. 50,000/-with a suitable surety of like amount to the satisfaction of the learned Special Judge, Baksa, Mushalpur in connection with the aforesaid case under the following conditions that:-

(i) the petitioner shall refrain from such activities with which he is alleged,

(ii) the petitioner shall cooperate with the remaining part of investigation and shall not jump the bail. Page No.# 3/3

(iii) the petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission.

¶9On breach of any of the bail conditions, the bail order shall stand automatically cancelled.

¶10Bail application stands disposed.

¶11Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010147362024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2155/2024 ABDUL RAHMAN S/O ABDUL KADER R/O VILL- JAKHLIBIL PATHAR, P.S. GOBARDHANA, DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. M M ZAMAN,MR A BASUMATARY,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND