Guna Gubinda Doley @ Amul v. The State of Assam

ORDER Date : 05-01-2024

¶1Heard Mr. G. Chamuah, learned counsel for the petitioner.

¶2The petitioner, namely, Guna Gubinda Doley @ Amul has filed this application under Section 439 Cr.PC with prayer for bail as he is behind bars since 11.11.2023 in Page No.# 2/2 connection with Silapathar Police Station Case No. 224/2023 registered u/s 21(b) of the NDPS Act.

¶3Heard Mr. M.P. Goswami, learned Addl. P.P., Assam.

¶4The petitioner was apprehended with heroin weighing 22.81 grms along with a container.

¶5The learned Addl. PP has submitted that there are incriminating materials in the Case Diary against the petitioner.

¶6I have perused the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. Investigation has progressed to a considerable extent. Further custodial detention does not appear to be necessary for the progress of investigation. The petitioner is behind bars since 11.11.2023. The petitioner is a local resident and he is not a flight risk.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned trial Court under the condition that the petitioner shall refrain from such activities with which he is alleged, failing which bail order shall stand cancelled. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010268332023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4347/2023 GUNA GUBINDA DOLEY @ AMUL S/O DUTTA RAM DOLEY R/O NATUN MISSING GAON P.S. SILAPATHAR DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. D GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND