Motibur Rahman and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010191812024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2845/2024o MOTIBURoRAHMANoANDoANRo S/OoMD.oROISoUDDINo R/OoDAKHINoFATEHPURo P.S.oBIHPURIAo DIST.LAKHIMPUR,oASSAM 2:oNASIRoUDDIN oS/OoSAFIQULoISLAMo R/OoFATEHPURoTINIALIo P.S.oBIHPURIAo DIST.oLAKHIMPUR oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oHoSoBORAH,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Dateo:oo03.10.2024 o Heard 1 Mr. 1 H.S.Borah, 1 learned 1 counsel 1 for 1 the 1 petitioners 1 as 1 well 1 as 1 Mr. Page No.# 2/3 K.K.Parashar, learned Addl. P.P., Assam for the State respondent. By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioners, namely, 1. Md. Motibur Rahman and

¶2Md. Nasir Uddin have prayed for grant of bail in connection with Laluk P.S. Case No. 128/2024 under Sections 21(b)/ 29 of NDPS Act. Case diary is received without the FSL report. The allegation in the FIR relates to recovery of suspected drugs from the possession of the petitioners. The learned counsel for the petitioners submits that intermediate quantity of drugs was recovered from the possession of the petitioners. The petitioners have been languishing in judicial custody for last 52 days and as such, considering the length of detention, petitioners may be enlarged on bail. The learned Addl.P.P. has produced the case diary without the FSL report. Having heard the learned counsel for the parties and on perusal of the case diary and the averments made in this petition, it appears that the petitioners are in judicial custody for last 52 days and considering length of detention, further custodial interrogation of the petitioners in the interest of investigation is not warranted. Accordingly, it is provided that the petitioners named above shall be released on furnishing bail bond of Rs. 50,000/- each with two sureties each of like amount to the satisfaction of the learned Special Judge, Lakhimpur, subject to the following conditions;-

(i) The petitioners shall not leave the territorial jurisdiction of learned Special Judge, Lakhimpur without prior written Page No.# 3/3 permission from him/her;

(ii) That the petitioners shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioners 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 Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary.

JUDGE Comparing Assistant