Surajit Boro v. The State of Assam

ORDER

31.08.2024

¶1Heard learned counsel Mr. N. Ahmed for the petitioner Surajit Boro.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

22.07.2024 in connection with Basistha Police Station Case No. 534/2024 under Page No.# 2/3 Section 21(b) of the NDPS Act.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he was apprehended carrying 52 grams of suspected heroin.

¶5Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner. It is also submitted that the FSL report is not forwarded along with the Case Diary.

¶6I have considered the length of detention. The petitioner has been behind bars for 39 days. Investigation has progressed to a considerable extent. It appears that further custodial detention may not be required. The petitioner has pledged to co-operate with the remaining part of investigation, and to abide by any stringent bail conditions, if imposed upon him.

¶7Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Special Judge, Kamrup,

(M) under the conditions that:

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

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

¶8On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶9In terms of the above observation, Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010159142024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2342/2024 SURAJIT BORO S/O SRI DINESH BORO, R/O BEHARBARI SONKUCHI, P.S.-BASISTHA, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. M M ZAMAN,MR G P CHETIA,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND