Shohidul Islam v. The State of Assam

ORDER Date : 18.09.2024

Heard Mr. R.Ali, learned counsel for the petitioner as well as Mr. B.Sarma, learned Addl. P.P., Assam for the State respondent. By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Page No.# 2/3 Sanhita, 2023., the accused-petitioner, namely, Shohidul Islam has prayed for grant of bail in connection with Kalgachia P.S. Case No.92/2024 under Section 21 (b) of NDPS Act. The matter relates to recovery suspected heroin from the possession of the petitioner. The learned counsel for the petitioner submits that the petitioner has been in judicial custody for last 59 days since his arrest on 22.07.2024. The recovered item falls in the intermediate quantity under the NDPS Act. However, considering the length of detention, petitioner may be enlarged on bail. The learned Addl.P.P. submits that length of detention of the petitioner may be considered. Having heard the learned counsel for the parties and on perusal of averments made in this petition as well as the Forwarding report, it appears that the petitioner is in judicial custody for 59 days today and as such, considering length of detention, this Court is of the considered opinion that further detention of the petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge, Barpeta, subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned Special Judge, Barpeta without prior written permission from him/her;

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required; Page No.# 3/3

(iii) That the petitioner 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.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010193642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2816/2024 SHOHIDUL ISLAM S/O LATE JEHERUL ISLAM VILL- BILORTARI P.S. KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI