Rabbul Islam v. The State of Assam

ORDER

15.10.2024

Heard Mr. N. J. Dutta, learned counsel appearing for the accused petitioner as well as Mr. K. Baishya, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Rabbul Islam, has prayed for grant of bail in connection with Bhuragaon P.S. Case No.75/2024 under Sections 21(b)/25/29 of NDPS Act. It is submitted by the learned counsel for the petitioner that the accused Page No.# 2/2 petitioner has been languishing in judicial custody for last 51 days since his arrest on 25.08.2024 and the contraband items recovered from his possession is 24.54 grams which falls under intermediate quantity. Considering the length of detention, prayer for bail may be considered. Mr. Baishya, learned Additional Public Prosecutor has submitted that case diary has been received without the FSL report. He further submitted that the contraband recovered from his possession falls under intermediate quantity. However, he has made objection in granting bail to the petitioner. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount, to the satisfaction of learned Special Judge(NDPS), Morigaon. The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Special Judge (NDPS), Morigaon without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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 Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010194382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2849/2024 RABBUL ISLAM S/O- ABDUL SALAM, R/O- VILL.- BARALIMARI, P.S. BHURAGAON, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. A A MONDAL,MR A ALAM,F KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI