Allowed

Raunak Pratim Mazumder @ Team v. the State of Assam

Gauhati HC1 Nov 2021Bail Appln./2581/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding an NDPS case, the High Court granted default bail to the accused after finding that the investigation was not completed within the statutory 60-day period and no charge-sheet was laid. Bail was granted subject to specific police appearance and territorial jurisdiction conditions.

What did the court decide?

Accused granted bail on furnishing a bond of Rs. 25,000 with two sureties of Rs. 25,000 each; release from custody.

Raunak Pratim Mazumder @ Team Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010159302021

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2581/2021

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RAUNAK PRATIM MAZUMDER @ TEAM SON OF LATE BINAY KR. MAZUMDER R/O H/NO. 40, GANDHIBASTI, MAIN ROAD, NEAR RAILWAY GATE, P.S. CHANDMARI, GUWAHATI, DIST. KAMRUP (M), ASSAM PIN-781003

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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01-11-2021

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This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Raunak Pratim Mazumder @ Team, in connection with Paltanbazar Police Station Case No. 792/2021 , registered under Sections 22(b)/29 of the NDPS Act, 1985 .

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Heard Mr. T. Deuri, learned counsel appearing for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor.

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Page No.# 2/3

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The case diary received. The last entry in the case diary is dated 03-09-2021 The learned counsel for the petitioner has submitted that the accused-petitioner has been in custody for 68 days with effect from 25-08-2021, excluding the date of remand. The investigation in this case has not been completed yet and charge-sheet has not been laid.

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The availability of the case diary before this Court is indicative of the fact that investigation of the case has not been completed yet and charge-sheet has not been laid.

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On the other hand, the statutory period for completion of investigation in the case of instant nature is 60 days. Since investigation could not be completed within the statutory period and charge-sheet has not been laid till date, the petitioner is entitled to grant of default bail.

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That being so, the petitioner is entitled to default bail. Therefore, he is granted. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with two suitable sureties, each of the like amount, to the satisfaction of learned jurisdictional Special Judge.

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The direction for bail is further subject to the conditions that the accusedpetitioner:

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(a) shall not leave the territorial jurisdiction of learned jurisdictional Special Judge, without prior written permission from him;

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(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;

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(c) 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 him from disclosing such facts to the Court or to any police officer.

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Page No.# 3/3

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(d) shall appear before the Investigating Police Officer once in every three days till completion of investigation after his release on bail and as and when called upon by the Investigating Police Officer till the investigation of the case is completed.

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(e) shall not leave the territorial jurisdiction of the State of Assam without prior written permission from this Court;

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In terms of the above, this bail application stands disposed of.

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Return the case diary.

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Comparing Assistant

Raunak Pratim Mazumder @ Team v. the State of Assam

Case brief

What is this about?

What did the court decide?

Raunak Pratim Mazumder @ Team v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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