Gauhati High Court
Bail Appln./2840/2020 of IKRAJUL HOQUE Vs THE STATE OF ASSAM on 22 December 2020
GAHC010180562020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2840/2020 IKRAJUL HOQUE S/O LT. MOHSIN ALI, VILL-GOIADIGHALA, P.S.-MUKALMUA, DIST- NALBARI, ASSAM, TEMP R/ A HOUSE NO. 118(C), NAMGHAR PATH, PANJABARI VERSUS THE STATE OF
GAHC010180562020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2840/2020
IKRAJUL HOQUE
S/O LT. MOHSIN ALI, VILL-GOIADIGHALA, P.S.-MUKALMUA, DIST-NALBARI, ASSAM, TEMP R/A HOUSE NO. 118(C), NAMGHAR PATH, PANJABARI
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR G PHUKAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
22.12.2020:
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ORDER
Heard Mr. G. Phukan, learned counsel for the petitioner. Also heard Mr. N. J.Dutta, learned Additional Public Prosecutor, Assam for the State respondent.
This is an application, filed under Section 439 of the Cr.P.C. seeking bail of theaccused-petitioner, namely, Ikrajul Hoque in connection with Gingia PS Case No.184/2020 registered under Sections 21(b) of NDPS Act.
The petitioner has sought for bail only on the ground of length of detention, i.e.58 days as on date.
Mr. N. J. Dutta, learned Additional Public Prosecutor has submitted that casedairy is available and has subscribed to the submission that the petitioner has been incustody for 58 days as on date.
Considering the nature of the offence alleged, the stage of investigation of thecase and the detention of the petitioner in custody for 58 days, in the considered viewof this Court, further custodial detention of the petitioner is not necessary in theinterest of the investigation of the case. Therefore, the accused-petitioner is grantedbail.
Accordingly, the accused-petitioner, named above, shall be released on bail inconnection with Gingia PS Case No. 184/2020 on furnishing bail bond of Rs.20,000/- with a suitable surety of the like amount, to the satisfaction of learned SpecialJudge, Biswanath Chariali.
The direction for bail is further subject to the conditions that the accused-petitioner:
(a) shall not leave the territorial jurisdiction of learned Special Judge,Biswanath Chariali, without prior written permission from him; Biswanath Chariali, without prior written permission from him; (b) shall not hamper with the investigation, or tamper with theevidence of the case; and evidence of the case; and
(c) shall not, directly or indirectly, make any inducement, threat orpromise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any policeofficer. promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any policeofficer.
The petition stands disposed of accordingly.
Return the case dairy.
JUDGE
Comparing Assistant