Gauhati High Court
Diljar Hoque @ Dildar Hoque vs The State Of Assam on 25 October, 2024
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010197592024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2880/2024
DILJAR HOQUE @ DILDAR HOQUE
S/O MOZAMMEL HOQUE
R/O VILL BILASHIPARA
WARD NO. 2, (SURJAKHATA)
P.S. BILASHIPARA
DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : G UDDIN, P ADHIKARI,MR A H SARKAR
Advocate for the Respondent : PP, ASSAM,
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
25-10-2024 Heard Mr. G. Uddin, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State.
2) By this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Diljar Hoque @ Dildar Hoque, son of Mozammel Hoque, resident of Page No.# 2/3 village - Bilasipara Ward No.2 (Surjakhata) under Bilasipara Police Station of Dhubri District, have prayed for his bail in connection with Bongaigaon GRPS Case No. 97/2024 corresponding to G.R. Case No. 493/2024 registered under Sections 21(b)/22(a) of the NDPS Act, wherein, he was arrested on 25.08.2024 and is in custody since then.
3) The Railway police on 24.08.2024 lodged a complaint before the Officer-in-Charge of Railway Police Station, Bongaigaon regarding recovery of two plastic soap case containing suspected to be Heroin weighing about 11 grms in each of said soap cases, totaling 22 grms, one Bourbon Biscuit packet, one Redmi mobile phone without sim card, one black colour money purse containing two strips of Diazepam IP-5mg tablets totaling 20 tablets suspected to be restricted drugs, one POCO mobile phone with sim card from the possession of the petitioner.
4) On instruction of the Investigating Officer of said Bongaigaon GRPS Case No. 97/2024, Mr. Parasar, learned Addl. PP submitted that the FSL report of the seized NDPS items recovered from the conscious possession of the petitioner is yet to be received for which charge-sheet in the case could not be filed till date.
5) Since 25.08.2024, the petitioner is in custody for about 61 days. In view of the above, the petitioner is entitled for his default bail in said Bongaigaon GRPS Case No. 97/2024.
6) Accordingly, the petitioner, namely, Diljar Hoque @ Dildar Hoque is granted default bail in said Bongaigaon GRPS Case No. 97/2024 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties of the like amount, one of which shall be government employee, either State Government or Central Government, to the satisfaction of the learned Special Judge (NDPS), Bongaigaon on conditions that the petitioner - (i) shall appear before the Investigating Officer of said Bongaigaon GRPS Case No. 97/2024 as and when required, (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Bongaigaon on or before 29.10.2024, (iii) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Bongaigaon, without obtaining prior written permission from the said authority, (iv) shall not hamper with the investigation or tamper with the evidence of the case and (v) 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 them from disclosing such Page No.# 3/3 facts to the Court or to any police officer failing which, the bail granted to him in said Bongaigaon GRPS Case No. 97/2024 shall stand automatically vacated and further (vi) shall not indulge himself in any such criminal activities including possession or procurement of such NDPS items.
7) Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Bongaigaon GRPS Case No. 97/2024 shall stand automatically vacated.
8) Bail application stands allowed to the extent above.
9) Return the case diary.
JUDGE
Comparing Assistant