Jahidul Islam and Anr v. The State of Assam

ORDER Date : 23-09-2024 Heard learned counsel Mr. S. Munir for the petitioner Nos. 1 Jahidul Islam and 2. Mafidul Islam @ Mofidul Islam. Page No.# 2/3

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 05.08.2024 in connection with Mererchar Police Station Case No. 37/2024 under Sections 21(b)/29 of the Narcotic Drugs Psychotropic Substances Act, 1985.

¶3Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶4I have considered the submissions at the bar with circumspection.

¶5The allegation against the petitioners is that the petitioners have been caught red handed while they were in possession of intermediate quantity of Heroin measuring up-to 12 grams.

¶6I have scrutinized the Case Diary. Investigation has progressed to a considerable extent and it appears that further custodial detention may not be required for the progress of investigation. I have considered the submission that the petitioners are willing to abide by any stringent bail conditions if imposed upon them.

¶7Considering all aspects, petition is allowed. The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Special Judge, North Salmara, Abhayapuri under the conditions that :-

(i) the petitioners shall refrain from such activities with which they are alleged,

(ii) the petitioners shall appear before the Investigating Officer on every Page No.# 3/3 fortnight till completion of investigation and,

(iii) the petitioners shall not leave the jurisdiction of the Court without prior permission.

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

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

¶10Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010171532024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2522/2024 JAHIDUL ISLAM AND ANR S/O LATE KURBAN ALI, RESIDENT OF VILLAGE BALARCHAR PART II, PS MERERCHAR ,DIST BONGAIGAON, ASSAM 2: MAFIDUL ISLAM @ MOFIDUL ISLAM S/O JALIL UDDIN RESIDENT OF VILLAGE SUTIRPAR PS BAGHBOR DIST BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. S RANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND