Hanif Ali and Anr v. The State of Assam

ORDER Date : 09-01-2024

¶1Heard Mr. R. Ali, learned counsel for the petitioners Hanif Ali and Rafiqul Islam.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure as they are in custody since 05.11.2023 in connection with Howly Police Station Case No. 187/2023 under Section 21(b) of NDPS Act, 1985.

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

¶4Case diary is not received.

¶5I have considered the submissions at the bar that the petitioners have been behind bars since 05.11.2023 and the case diary is not received nor charge sheet has been submitted.

¶6Considering the length of detention, petition is allowed.

¶7The petitioners are enlarged on bail on furnishing a bail bond of Rs.50,000/- (Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Sessions Judge, Barpeta under the following conditions: That the petitioners shall refrain from such activities with which they are alleged, failing which bail order shall stand cancelled.

Bail Application stands disposed of in the above terms. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010280342023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./4527/2023o HANIFoALIoANDoANRo S/OoMD.oKAMALoUDDINo VILL-oHAJIPARAo P.O.oJASHIHATIPARAo P.S.oHOWLYo DISToBARPETA,oASSAM 2:oRAFIQULoISLAM oS/OoLATEoALAMoALIo VILL-oHAJIPARA o P.O.oJASHIHATIPARAo P.S.oHOWLYo DIST.oBARPETA oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oRoALIo AdvocateoforotheoRespondento:oPP,oASSAMoo ooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND