Nur Alam Hussain and Anr v. The State of Assam

ORDER Date : 21.08.2024

Heard Mr. S. Munir, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3

¶2By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Nur Alam Hussain and Tafazzal Hussain, have prayed for bail in connection with Bakalia P.S. Case No. 17/2024 under Section 21(b)/29 of NDPS Act.

¶3It has been submitted by the learned counsel for the petitioners that the petitioners were arrested on 26.06.2024 and since then they have been detained in custody. It is also submitted that about 156.27 gram of suspected heroine was recovered from a vehicle in which three persons were travelling. It is further submitted that quantity of suspected heroine recovered appears to be small quantity. Charge-sheet has not yet been submitted. Considering the length of detention, the petitioners may be enlarged on bail.

¶4Mr. Goswami, learned Additional Public Prosecutor for the State has produced the case diary without FSL report and submits that the petitioners have been detained in custody for last 56 days and charge-sheet has not yet been submitted in this case. It is also submitted that 156.27 gm of suspected heroine was recovered from the possession of the petitioners which is intermediate quantity.

¶5I have considered the submissions made by the parties. I have also perused the case diary.

¶6Considering the background of the case as well as length of detention of the petitioners, this Court is inclined to grant bail to the petitioners.

¶7Accordingly, the petitioners, named above, shall be released on bail in connection with Bakalia P.S. Case No. 17/2024 under Section 21(b)/29 of NDPS Act, on furnishing bail bond of Rs.1,00,000/- each with one Page No.# 3/3 suitable surety each of the like amount, to the satisfaction of learned Special Judge, Karbi Anglong, Diphu, Assam.

¶8The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Karbi Anglong, Diphu, Assam without prior written permission from him/her;

(b) 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 him from disclosing such facts to the Court or to any police officer;

(c) shall not hamper with the investigation, or tamper with the evidence of the case.

¶9In the view of the above, the bail application stands disposed of.

¶10Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010161752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2412/2024 NUR ALAM HUSSAIN AND ANR S/O ALI HUSSAIN, R/O VILLAGE BERBHERI ROAD, NEAR MASJID, P.S. BATADROBA, DISTRICT NAGAON, ASSAM 2: TAFAZZAL HUSSAIN S/O HUSSAIN ALI R/O VILLAGE PUB BHERBHERI P.S. BATADROBA DISTRICT NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. S RANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI