Saddek Ali @ Sadek Ali v. The State of Assam

ORDER Date : 11.01

. 2024 Heard Mr. Z. Hussain, learned counsel for the petitioner, Saddek Ali @ Sadek Ali. The petitioner has filed this application under Section 439 Cr.P.C. with Page No.# 2/3 prayer for bail as he is in jail since 18.11.2023 in connection with Mukalmua P.S. Case No. 564/2023 under Section 21(b) of the NDPS Act. Also heard Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. The learned Addl. PP has submitted that the case diary has been forwarded without FSL report. The FIR unfolds that 21 plastic containers were recovered from his left trousers pocket weighing 27.02 grams, suspected to be narcotic substance, which was seized in presence of the independent witnesses. The learned Addl. PP has raised objection stating that there are incriminating materials against the accused petitioner in the case diary. I have perused the case diary. I have considered the submissions at the Bar. The petitioner has been behind the bars since 18.11.2023 for last 55 days and investigation has substantially progressed to a considerable extent. The petitioner is a local resident and he is ready to co-operate with the investigation as well as the trial. Considering the submission of the learned counsel for the petitioner, the petitioner be enlarged on bail on furnishing a bond of Rs. 50,000/-with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari under the following conditions that:-

¶1the petitioner shall refrain from such activities with which he is alleged,

¶2the petitioner shall not default appearance and appear Page No.# 3/3 regularly,

¶3the petitioner shall not leave the jurisdiction of the Court without prior permission from the jurisdictional Court, till completion of investigation. On breach of any of the bail conditions, the bail order shall stand cancelled. Bail application stands disposed. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010285532023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4600/2023 SADDEK ALI @ SADEK ALI S/O LATE JIYAR ALI PERMANENT RESIDENT OF VILL- KEKANKUCHI P.S. MUKALMUA DIST. NALBARI, ASSAM PIN-781126 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND