Md. Rubiyal Mandal v. The State of Assam

ORDER

05.01.2024 Heard Mr S Sarma, learned counsel for the petitioner, Md Rubiyal Mandal.

¶3The petitioner, Md Rubiyal Mandal has filed this application under Section 439 CrPC, with prayer for bail as he is in jail since 20.11.2023, in connection with Abhayapuri PS Case No. 511/2023, registered under Section 21(b)/29 of the NDPS Act, 1985 Page No.# 2/3

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

¶4The allegation against the petitioner is that he and the co-accused have been apprehended while travelling with 43 grams of heroin.

¶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.

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

¶6It is submitted at the Bar that the petitioner is a local resident and he will cooperate with the investigation as well as with the trial.

¶7I have also considered the submission that investigation has progressed to a considerable extent.

¶8I have scrutinized the Case Diary.

¶9Investigation has progressed to a considerable extent. It appears that further custodial detention of the petitioner may not be required for the progress of investigation Page No.# 3/3

¶10Considering 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 like amount, to the satisfaction of the learned Special Judge, Abhayapuri, 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.

¶11Bail Application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010288612023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4618/2023 MD. RUBIYAL MANDAL S/O LATE MD. JASIM MANDAL PERMANENT R/O VILL- PANBARI HAZARIJANA P.S. GAURIPUR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. S SARMA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND