Mahibul Ali v. The State of Assam

ORDER

05.01.2024 Heard Mr M Ahmed, learned counsel for the petitioner, Mahibul Ali.

¶2The petitioner, Mahibul Ali has filed this application under Section 439 CrPC, with prayer for bail as he is behind bars since 20.11.2023, in connection with Kharupetia PS Page No.# 2/3 Case No. 214/2023, under Section 20 (b) (ii) (B) of the NDPS Act.

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

¶4The allegation against the petitioner is that he was caught red-handed while carrying 10.175 kgs of ganja.

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

¶6I have considered the submissions at the Bar with circumspection. I have also perused the Case Diary.

¶7Indeed, there are incriminating materials in the Case Diary against the petitioner. However, investigation has progressed to a considerable extent.

¶8It appears that further custodial detention of the petitioner for the progress of investigation may not be required. The petitioner is a local resident and he has pledged to cooperate with the investigation as well as the trial.

¶9Considering 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 the Page No.# 3/3 like amount, to the satisfaction of the learned Special Judge, Darrang, Mangaldoi, under the condition that-

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

¶9Bail Application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010280692023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4550/2023 MAHIBUL ALI S/O SAHID ALI R/O VILL- NO. 1 KOSUTOLI, DIGARU N.C., P.S. SONAPUR DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND