Shahadat Alias Mohammad Shahadat v. The State of Assam

ORDER

22.08.2024

¶1Heard learned counsel Mr. J. Abbas for the petitioner Md Shahadat @ Mohammad Shahadat.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

27.06.2024 in connection with STF Police Station Case No. 11/2024 under Sections 21(B)/25/27/29 of the NDPS Act.

¶3Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he is involved in transportation of heroin. The co-accused have been found in possession of 27 grams of heroin. It is submitted on behalf of the petitioner that the heroin was not recovered from his possession. The heroin was recovered from the other accused named in the FIR. It is submitted that the petitioner is languishing in the jail for 55 days, but Charge-sheet has not been laid against the petitioner.

¶5Learned Additional Public Prosecutor has raised objection that the Case Diary will reveal the petitioner's conduct.

¶6I have considered the length of detention of the petitioner.

¶7I have considered the submission on behalf of the petitioner that the petitioner is willing to cooperate with the remaining part of investigation.

¶8In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a local surety of like amount to the satisfaction of the Special Judge, Kamrup, (M) under the condition that:

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

¶9On breach of the bail conditions, bail order shall automatically stand cancelled. Page No.# 3/3 JUDGE Comparing Assistant

Page No.# 1/3 GAHC010171312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2518/2024 SHAHADAT ALIAS MOHAMMAD SHAHADAT S/O MD. ANISH KHAN R/O LILONG DIST. THOUBAL, STATE - MANIPUR, PIN-795130 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J ABBAS, I HOQUE,MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND