Gauhati High Court
Page No.# 1/2 vs The State Of Assam on 22 May, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010046862024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./633/2024
JASHIR UDDIN BARBHUIYA AND ANR
NIJAM UDDIN BARBHUIYA
VILLAGE TUPKHANA PART II, PO RAMNAGAR, PS SILCHAR, DIST
CACHAR, ASSAM 788003
2: PIKLU DAS
S/O SIBU DAS
VILLAGE TUPKHANA PART II
PO RAMNAGAR
PS SILCHAR
DIST CACHAR
ASSAM 78800
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP ASSAM
Advocate for the Petitioner : MR. P K DEKA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 22.05.2024 Heard Mr. P.K.Deka, learned counsel for the petitioners as well as Mr. B.Sharma, learned Addl.
Page No.# 2/2 P.P., Assam for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioners, namely, 1. Jashir Uddin Barbhuiya and 2. Piklu Das have prayed for grant of bail in connection with Bazaricherra P.S. Case No.132/2023 (GR No. 1373/2023) under Section 22 (C)/25/29 of NDPS Act. The learned counsel for the petitioners submits that charge sheet has been submitted against the present petitioners along with other co-accused persons. The petitioners have been detained in custody but the other co-accused persons did not appear and summons were issued to them and as a result, proceeding of the case has been delayed. According to the learned counsel for the petitioners, since they are in custody for almost one year, they may be enlarged on bail.
Scanned copy of the case record is received.
It reveals from the case record that charge sheet has been laid on 20.10.2023 under Section 22 (C)/25/29 of NDPS Act against the two petitioners and the Manager of Adyant Pharmatech and owner of Sree Radha Govinda Drug Distributor. Charge has not been framed due to non- appearance of the other accused persons. In view of the above aspects, petitioners may approach before the learned trial court to split up the matter against the other accused persons as per charge sheet. However, prayer for bail is rejected.
In the event of filing any bail application, learned trial court shall consider the matter in accordance with law.
This disposes of the bail application.
JUDGE Comparing Assistant