Sahid Ali and 2 Ors v. The State of Assam

ORDER

05.01.2024 Heard Mr M Ali, learned counsel for the petitioners, 1) Sahid Ali, 2) Mofijul Hoque @ Mopijal Hoque and 3) Mozidur Islam.

¶3The petitioners, 1) Sahid Ali, 2) Mofijul Hoque @ Mopijal Hoque and 3) Mozidur Islam, have filed this application under Section 439 CrPC, with prayer for bail as they are in jail since 20.11.2023, in connection with Abhayapuri PS Case No. 511/2023, registered under Sections 21(b)/29 of the NDPS Act, 1985.

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4The allegation against the petitioners is that they and the co-accused have been apprehended while travelling with 43 grams of heroin.

¶5The learned Additional Public Prosecutor has raised objection against the bail petition stating that there are incriminating materials in the Case Diary against the petitioners.

¶5I have considered the submissions at the Bar with circumspection.

¶6It is submitted at the Bar that the petitioners are local residents and they will Page No.# 3/3 cooperate with the investigation as well as with the trial.

¶7I have also considered the submission that investigation has progressed to a considerable extent.

¶8I have scrutinized the Case Diary.

¶9Investigation has progressed to a considerable extent. It appears that further custodial detention of the petitioners may not be required for the progress of investigation.

¶10Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioners are enlarged on bail of Rs. 50,000/-each, with a suitable surety of the like amount, to the satisfaction of the learned Special Judge, Abhayapuri, under the condition that-

i) the petitioners shall refrain from such activities with which they are alleged, failing which, the bail order shall stand cancelled.

¶11Bail Application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010288612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./4509/2023 SAHIDoALIoANDo2oORS. S/OoLToMONOWARoHUSSAIN o VILL.-oPANBARIoRANGAMATIoPT-oIII oP.O.-oBILASHIPARA oP.S.-oBILASHIPARA oDIST.-oDHUBRIoASSAM. 2:oMOFIJULoHOQUEo@oMOPIJALoHOQUE S/OoMD.oMIJILoSKEIKH oVILL.-oBISANDOIoPART-I oP.S.-oGOLAKGANJ oDIST.-oDHUBRI oASSAM. o3:oMOZIDURoISLAM S/OoMD.oRAHMANoALI o VILL.-oPATIMARI oP.S.-oBILASIPARA oDIST.-oDHUBRI oASSAM. oVERSUS THEoSTATEoOFoASSAM REP.oBYoTHEoP.P. oASSAM. o------------ oAdvocateoforo:oMR.oMoALI Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAM oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND