Pritam Prakash Neog v. The State of Assam

ORDER

19.12.2023 Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. This application under section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Pritam Prakash Neog, who has Page No.# 2/3 been detained behind the bars since 14.09.2023 (for last 96 days) in connection with NDPS Case No. 79/2023 under Section 21(b)/29 of the NDPS Act, 1985. It is submitted by the learned counsel for the petitioner that an FIR was lodged by one, Dipak Lahon, S.I. of Police before the Officer-In-Charge of Khatkhati Police Station. On receipt of the said FIR, Khatkhati P.S Case No. 97/2023 was registered under Section 21(b)/29 of the NDPS Act against the present petitioner and another co-accused namely, Papori Das for possession of

47.96 gram of heroin. Learned counsel for the petitioner has submitted that though the seized contraband has been seized jointly from the possession of the present petitioner as well as the other co-accused namely, Papori Das, the contraband, i.e., 47.96 gram of heroin, was concealed in the undergarments of the co-accused and the present petitioner was only travelling in the said vehicle in which the co-accused was travelling. Otherwise also, it is submitted that the petitioner is a permanent resident of village Anishbari under Laluk Police Station in the Lakhimpur district and he shall appear before the learned Trial Court and co-operate in the trial, if allowed to go on bail. On the other hand, learned Additional Public Prosecutor has submitted that the seized contraband was recovered from the joint possession of the present petitioner and the co-accused and there are sufficient incriminating materials against the present petitioner in this case and the charges are yet to be framed. On that ground the learned Additional Public Prosecutor has opposed the grant of bail to the present petitioner. I have considered the submissions made by learned counsel for both the sides and also perused the scanned copy of the case record of the NDPS Case No. 79/2023. Page No.# 3/3 Considering the fact that the co-accused in this case namely, Papori Das has already been allowed to go on bail granted by this Court, by order dated

19.12.2023, in Bail Application No. 4378/2023, and also considering the fact that the petitioner has been detained behind the bars for last 96 days, his further detention does not appear to be necessary, if he co-operates in the pending trial of NDPS Case No. 79/2023 pending before the Court of learned Special Judge, Diphu, Karbi Anglong. In view of above, the above named petitioner is hereby allowed to go on bail of Rs. 50,000/-with a suitable surety of like amount to the satisfaction of the learned Special Judge, Karbi Anglong with the following conditions that:-

(i) the petitioner shall regularly appear before the learned Trial Court as and when so required by the learned Trial Court and shall co-operate in the trial; and

(ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person to disclose such facts before the Investigating Officer or before the Court; With the above observations, this bail application is hereby disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010274862023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4439/2023 PRITAM PRAKASH NEOG S/O NIRMAL CHANDRA NEOG R/O VILL- ANISHBARI, P.S. LALUK DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA