Sangyo Yani v. The State of Assam

ORDER Date : 23-01-2024

¶1Heard Mr. A. Ahmed, learned counsel for the petitioner Sangyo Yani.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as she is behind bars since

01.12.2023 in connection with Panigaon Police Station Case No. 65/2023 under Sections 20(b)/29 of the Narcotic Drugs and Psychotropic Page No.# 2/3 Substances Act, 1985.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

¶4The FIR unfolds that the petitioner was in possession of ganja weighing

10.681 KGs.

¶5The learned Additional Public Prosecutor has submitted that there are incriminating materials in the case diary against the petitioner. It is also submitted that the FSL report is not yet received.

¶6I have perused the case diary. Indeed there are incriminating materials in the case diary against the petitioner. However, the case diary reveals that investigation has progressed to a considerable extent.

¶7It is also submitted on behalf of the petitioner that the petitioner is a lady and she has already been behind bars for 54 (fifty four) days.

¶8I have considered the submissions that the petitioner is a local resident and she has pledged to abide by any bail conditions to be imposed upon her.

¶9Considering all aspects, petition is allowed.

¶10The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Special Sessions Judge, Lakhimpur, North Lakhimpur under the conditions that:

(1) The petitioner shall refrain from such activities with which she is alleged.

(2) The petitioner shall not leave the jurisdiction of the trial Court Page No.# 3/3 without prior permission till completion of the trial.

(3) The petitioner shall cooperate with the trial and shall not tamper with the evidence.

¶11On breach of any of the bail conditions, bail order shall stand cancelled.

¶12Send back the case diary. In the above terms, bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010292032023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4658/2023 SANGYO YANI W/O PUSPA CHETRY VILL. BANDERDEWA NEAR PTC P.S BANDERDEWA DIST. PAPUMPARE ARUNCHAR PRADESH VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND