Babla Mandal @ Amrit Lal Mandal v. The State of Assam

ORDER

19.01.2024 Heard Mr A A Dewan, learned counsel for the petitioner, Babla Mandal @ Amrit Lal Mandal.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for Page No.# 2/3 bail, as he is behind bars since 25.11.2023, in connection with Bongaigaon PS Case No. 498/2023, under Sections 20(b)(ii)(B)/29 of the NDPS Act, 1985, read with Section 4 of the Assam Ganja and Bhang Prohibition Act.

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶4The petitioner was apprehended on 25.11.2023 with 1.893 kgs of ganja.

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

¶6I have also perused the Case Diary.

¶7There are indeed incriminating materials in the Case Diary as well as in the FIR against the petitioner. However, investigation has progressed to a considerable extent.

¶8The petitioner is a local resident and he has pledged to cooperate with the investigation as well as the trial.

¶9Considering the submissions at the Bar, the petitioner is granted bail. The petitioner is enlarged on bail of Rs. 50,000/-with a suitable surety of the like amount to the satisfaction of the learned Special Judge, Bongaigaon, under the conditions that:-

i) the petitioner shall refrain from such activities with which he is alleged, and

ii) the petitioner shall not leave the jurisdiction of the learned trial Court without written permission, till completion of trial.

iii) the petitioner shall not tamper with the evidence. Page No.# 3/3 On breach of any bail conditions, bail order shall stand cancelled.

¶10Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010282092023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4569/2023 BABLA MANDAL @ AMRIT LAL MANDAL S/O LT. ANIL MANDAL @ ANIL CHANDRA MANDAL R/O VILL- BABUPARA WARD NO. 11, P.O. NORTH BONGAIGAON, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM PIN-783380 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A A DEWAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND