Sanjit Kumar Orang v. The State of Assam

ORDER Date : 05.01.2024 Heard Mr. K.Baruah, learned Counsel for the petitioner and Mr. R.R.Kaushik, learned Addl.Public prosecutor for the State respondent. This is an application under Section 439 of the Code of Criminal Procedure, 1973 for granting regular bail to the accused petitioner, namely Sanjit Kumar Orang in connection with Gogamukh P.S. Case No.110/2023, under Sections 20(b)(ii)(B)/21(a)/29 of the Page No.# 2/3 NDPS Act. Case diary not received. Learned counsel for the petitioner submits that petitioner is in judicial custody since he was arrested on 10.11.2023 i.e. for 56 days today and the mandatory period is 60 days for such offence and as such, considering length of detention, bail may be granted to the petitioner. Learned Addl.P.P. submits that charge sheet has not yet been submitted in the case and the petitioner is in judicial custody for 56 days. I have considered submissions of learned counsel for the parties and perused the FIR, Forwarding report and seizure list. Considering the length of detention and as charge sheet being not submitted till date, this Court is of the considered opinion that further detention of accused, in the interest of investigation, is not warranted. Accordingly, it is provided that the petitioner, named above, shall be released on bail of Rs. 50,000/-with 2(two) sureties of like amount to the satisfaction of the learned CJM, Dhemaji subject to the following conditions-

i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and

ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and

iii) That the accused petitioner shall refrain from committing any similar offences in future, of which he is accused of commission. This disposes of the bail application. JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010291372023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4647/2023 SANJIT KUMAR ORANG S/O- RAJKUMAR ORANG, R/O- VILLAGE ANANDA TEA ESTATE, PATALIPAM, P.S- BOGINADI, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI