Gauhati High Court
Jiauur Rahman @ Babu @ Dhan vs The State Of Assam on 30 January, 2023
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GAHC010007042023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./138/2023
JIAUUR RAHMAN @ BABU @ DHAN
S/O LATE JAINAL RAHMAN
R/O LALMATI, LAKHINAGAR
TRINAYAN NAGAR, HELIPAD, GUWAHATI, P.S. BASISTHA
DIST. KAMRUP (M), ASSAM , PIN-781029
VERSUS
THE STATE OF ASSAM ,REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. T DEURI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 30.1.2023 Heard Mr. Mr. T.Dewri, learned counsel for the petitioner and Mr. B. Gogoi, learned Addl. P.P. This is an application made under Section 439 Cr.P.C. seeking bail to the accused namely, Jiauur Rahman @ Babu @ Dhan who was arrested on 30.12.2022 in connection with Basistha P.S. Case No. 1035/2022 u/s 21(a)/29 of NDPS Act.
Case diary produced is perused. No contraband materials have been Page No.# 2/2 recovered from the possession of the present accused except an amount of Rs.80,000/-. However 66 gram of alleged Heroin were allegedly recovered from the possession of the co accused Ramani Kalita and another 104 grams of heroin from the accused Pankaj Saikia Considering the materials so far collected and also the period of detention, this court is of the considered opinion no further custodial detention of the petitioner is required for further investigation of the case.
Accordingly, the petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs. 25,000/- with one suitable surety of the like amount to the satisfaction of District & Sessions Judge cum Special Judge, NDPS, Kamrup(M) on the following condition:
(a) The petitioner shall not leave the territorial jurisdiction of District & Sessions Judge cum Special Judge, NDPS, Kamrup(M) without prior written permission.
(b) The petitioner shall not hamper with the investigation of the case and tamper with a the evidence of the case,
(c) The petitioner shall appear before the I/O of the case as and when called for by the said I/O. In terms of the above, this bail application stands disposed of.
JUDGE Comparing Assistant