Anar Ali @ Anowar Ali v. The State of Assam

ORDER

02.02.2024 Heard Mr N J Dutta, learned counsel for the petitioner, Anar Ali @ Anowar Ali.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail, as he is behind bars since 10.12.2023, in connection with Basistha PS Case No. 775/2023, 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.

¶4I have considered the submissions at the Bar with circumspection.

¶5It is submitted on behalf of the petitioner that he is an addict.

¶6On the contrary, the learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary, against the petitioner. The petitioner is a drug trader. Intermediate quantity of heroin weighing 25.5 grams along with container was recovered from his conscious possession.

¶7I have scrutinized the Case Diary.

¶8The petitioner has been behind bars for 54 days.

¶9Investigation is almost complete.

¶10I have considered the submission that the petitioner is willing to cooperate with the trial. The petitioner is willing to abide by any bail conditions, if imposed upon him.

¶11Considering 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 jurisdictional Court, under the conditions that:-

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

ii) the petitioner shall not leave the jurisdiction of the Court without Page No.# 3/3 prior written permission, till completion of trial,

iii) the petitioner shall not influence the witnesses or tamper with the evidence, and

iv) the petitioner shall not jump the bail. On breach of any bail conditions, bail order shall stand cancelled.

¶12Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010283442023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4599/2023 ANAR ALI @ ANOWAR ALI S/O LATE ANJAD ALI R/O SUNARTARI P.S. TARABARI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND