Zulfiquar Ali Butto and Anr v. The State of Assam

ORDER

21.08.2024

Heard Mr. B. K. Mahajan, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By filing this petition under Section 483 BNSS, the accused-petitioners, namely, Zulfiquar Ali Butto and Runu Begum, have prayed for grant of bail in connection with Garchuk P.S. Case No.199/2024 under Sections 303(2)/317(2) of Bharatiya Nyaya Sanhita (BNS) R/W 21(b)/27 / 29/20(b)(ii)B/22(a) of NDPS Act. It is submitted by the learned counsel for the petitioners that the accused petitioners have been languishing in judicial custody for last 48 days since their arrest on 04.07.2024 and the contraband items recovered from their possession are intermediate quantity. Considering the length of detention, prayer for bail may be considered. Mr. D. P. Goswami, learned Additional Public Prosecutor has submitted that case diary has been received without the FSL report. He further submitted that the contraband recovered from their possession falls under intermediate quantity. However, he has made objection in granting bail to the petitioners. 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-petitioners is not necessary in the interest of investigation of the case. Accordingly, the petitioners, named above, shall be released on bail, on furnishing bail bond of Rs.1,00,000/- each with two suitable sureties each of the like amount, to the satisfaction of learned Special Judge (NDPS), Kamrup(M). The direction for bail is further subject to the conditions that the petitioners:

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

(b) shall not hamper with the investigation, or tamper with the evidence of the Page No.# 3/3 case;

(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010155132024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2274/2024 ZULFIQUAR ALI BUTTO AND ANR S/O LATE MAHIBUR RAHMAN, R/O DOLAITOLA, P.S.-HAJO, DIST-KAMRUP (R), ASSAM 2: RUNU BEGUM W/O ZULFIQUAR ALI BHUTTO R/O DOLAITOLA P.S.-HAJO DIST-KAMRUP (R) ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MS F HUSSAIN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI