Roshidul Hoque v. The State of Assam

ORDER

04.01.2024 Heard Mr D K Medhi, learned counsel for the petitioner, Roshidul Hoque.

¶3The petitioner has filed this application under Section 439 CrPC, with prayer for bail as he is behind bars for 60 days in connection with Samaguri PS Case No. 322/2023, under Section 21(b) of the NDPS Act. Page No.# 2/3

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

¶4The petitioner was apprehended with suspected heroin of intermediate quantity.

¶5I have considered the submissions at the Bar with circumspection. I have also perused the Case Diary.

¶6I have considered the length of detention.

¶7The learned Additional Public Prosecutor has also submitted that charge sheet has not been submitted.

¶8Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with a suitable surety of the like amount, to the satisfaction of the learned trial Court under the conditions that-

i) the petitioner is directed to appear before the Investigating Officer after every 15 days till completion of investigation, and

ii) the petitioner shall refrain from such activities with which he is alleged, failing which, bail order shall stand cancelled.

¶9Bail Application stands disposed of. Page No.# 3/3

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010279492023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4522/2023 ROSHIDUL HOQUE S/O DULU MIA VILL- BHOGAMUR P.S. SAMAGURI DIST. NAGAON, ASSAM PIN-782001 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR D K MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND