Sri Arindam Acharya v. The State of Assam

ORDER

31.08.2024

¶1Heard learned counsel Mr. S. Munir for the petitioner Arindam Acharya.

¶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

10.07.2024 in connection with Khatkhati Police Station Case No. 91/2024 under Page No.# 2/3 Sections 21(b)/22(b) of the NDPS Act.

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

¶4Learned Additional Public Prosecutor has submitted that case Diary is not received, and Charge-sheet has not been laid against the petitioner.

¶5I have considered the submissions at the Bar.

¶6The allegation against the petitioner is that he was found in possession of 150 nos. of YABA tablets weighing 16.280 grams.

¶7It is submitted on behalf of the petitioner that the petitioner is willing to co-operate with the remaining part of investigation. The petitioner is also willing to abide by any stringent bail conditions, if imposed upon him. It appears that further custodial detention may not be required for the progress of investigation.

¶8Considering 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, Karbi Anglong, Diphu 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

¶9On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10In terms of the above observation, Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010178092024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2592/2024 SRI ARINDAM ACHARYA S/O RANJIT ACHARYA, RESIDENT OF LAHORIJAN NATUN BOSTI, PS KHATKATI, DIST KARBI ANGLONG, ASSAM 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