Utpal Barman v. The State of Assam

ORDER

23.10.2024

Heard Mr. F. Haque, learned counsel appearing for the accused petitioner as well as Mr. D. P. Goswami, 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, Utpal Barman, has prayed for grant of bail in connection with Belsor P.S. Case No.101/2024 under Sections 21(b)/27/29 of NDPS Act. It is submitted by the learned counsel for the petitioner that the petitioner is not a drug peddler but he is a drug addict. The suspected heroin was recovered Page No.# 2/2 from the house of one Putul Ali weighing 7.15 grams which falls under intermediate quantity. It is further submitted that accused petitioner has been languishing in judicial custody for last 61 days since his arrest on 29.08.2024. In view of above and considering the length of detention, he may be enlarged on bail. Mr. Goswami, learned Additional Public Prosecutor has produced the case diary without the FSL report. He submits that as per case diary the accused was found in the house of Putul Ali while consuming drugs. In view of the submission of learned counsel for both the parties and considering the accusation made in this case, 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, Nalbari. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Nalbari 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 GAHC010213582024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3175/2024 UTPAL BARMAN S/O RANJIT BARMAN, R/O RUPIABATHAN, P.S.-BELSOR, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI