Md. Bapon @ Md. Bapon Talukdar @ Aziruddin v. The State of Assam

ORDER Date : 20.08.2024

Heard Mr. S.C. Biswas, learned counsel for the petitioner as well as Page No.# 2/3 Mr. B. Sarma, learned Additional Public Prosecutor for the State.

¶2By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Md. Bapon @ Md. Bapon Talukdar @ Aziruddin, has prayed for granting pre-arrest bail, apprehending arrest in connection with Badarpur P.S. Case No. 185/2024(corresponding to G.R. Case No. 1299/2024) under Section 22(c)/25/29 of NDPS Act.

¶3The case of the petitioner is that on 22.06.2024, on receipt of specific information from a reliable source, that two persons were coming through an Alto car and one person coming through a bike and on noticing the police personnel, one person (occupant of the Alto car) was hit by an unknown Bolero vehicle, when they tried to flee away from the spot. The bike rider was able to flee away from the spot by taking the advantage of the accident. During the search, ten thousand Yaba tablets were recovered. Accordingly, the instant FIR has been lodged against the petitioner.

¶4It is submitted by the learned counsel for the petitioner that nothing was recovered from the possession of the petitioner. It is also submitted that on the date of the incident, the petitioner was informed by the arrested persons about the incident of arrest by police for which the petitioner rushed to spot to know the facts of the case but unfortunately he was assaulted by the public suspecting him of his involvement though he was in no way connected the alleged offence and now he is outside Assam for taking treatment. Considering the background of the case, the benefit of pre-arrest bail may be extended to the petitioner. Page No.# 3/3

¶5On the other hand, Mr. Sarma, learned Additional Public Prosecutor for the State produced the case diary and submits that commercial quantity of Yaba tablets were recovered from an Alto car in which the petitioner was travelling. It is also submitted that the petitioner is one of them to deliver such commercial quantity of narcotic substance to one Shah Masum and also the mobile phone of the petitioner was seized from the said car. The investigation is still going on. Under such backdrop, bail prayer of the petitioner may not be considered at this stage.

¶6I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary.

¶7It appears that around ten thousand Yaba tablets were recovered from a vehicle bearing Regd. No. ML-11-0706 in which the petitioner was travelling. It also appears that the said commercial quantity of narcotic substance to be delivered to one Shah Masum in Lamajuar.

¶8On consideration of the matter in its entirety, this Court is of the view that this is not a fit case for grant of pre-arrest bail to the petitioner, at this stage. Therefore, prayer for bail is rejected.

¶9The bail application stands disposed of.

¶10Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010147592024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1924/2024 MD. BAPON @ MD. BAPON TALUKDAR @ AZIRUDDIN S/O FAIZUR RAHMAN R/O VILL- KANKALASH P.S. BADARPUR P.O. BHANGABAZAR DIST. KARIMGANJ, ASSAM PIN-788701 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. U NANDA,MS. J GHOSH,MS. K L R YANTHAN,MS A DAS,MR. A K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI