Mahibul Rahman v. The State of Assam

ORDER

24.01.2024 Heard Mr F Hoque, learned counsel for the petitioner, Mahibul Rahman.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail, as he is behind bars since 30.11.2023, in connection with Basistha PS Case No. 744/2023, under Sections 21(b)/29 of the NDPS Act, 1985.

¶3Heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2

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

¶6It is submitted at the Bar that charge sheet has not been submitted against the petitioner, who is behind bars since 30.11.2023.

¶7The investigation may have presumably progressed to a considerable extent.

¶8I have considered the submission that the petitioner being a local resident is not a flight risk.

¶9It is also submitted that the petitioner shall abide by any bail conditions imposed upon him.

¶10Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 30,000/-with a suitable surety of the like amount to the satisfaction of the learned trial Court, 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 Court without prior permission, till completion of trial, and

iii) the petitioner shall not tamper with the evidence. On breach of any bail conditions, bail order shall stand cancelled.

¶15Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010286272023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4579/2023 MAHIBUL RAHMAN S/O LATE FAJAL ALI R/O HATIGAON KANAKLATA PATH NAGAR,HOUSE NO. 62, P.S.HATIGAON DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND