Allowed

Miss Rahima Begum and Anr. v. the State of Assam

Gauhati HC8 Mar 2021Bail Appln./338/2021

Case brief

AI extract

What is this about?

Bail application filed by Rahima Begum and Marzina Begum under Section 439 Cr.P.C. in connection with NDPS charge. Being similarly situated to a co-accused already granted bail on ground parity, bail granted subject to conditions including stay in jurisdiction and appearance to police.

What did the court decide?

Petitioners released on bail bond of Rs. 25,000 each with two sureties of like amount, subject to specific conditions including weekly appearance to Investigating Police Officer for six weeks.

Miss Rahima Begum and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010020022021

¶3

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

¶4

Case No. : Bail Appln./338/2021

¶5

MISS RAHIMA BEGUM AND ANR.

¶6

W/O MD. FARMAN ALI, R/O BILPARA, GAROIMARI, P.S.-CHAYGAON, DISTKAMRUP, ASSAM

¶7

2: MISS MARZINA BEGUM D/O LT. MUKTAR ALI R/O VILL-HARIPUR P.S.-TARABARI DIST-BARPETA ASSAM

¶8

VERSUS

¶9

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶10

Advocate for the Petitioner : MS. S SAIKIA

¶11

Advocate for the Respondent : PP, ASSAM

¶12

B E F O R E

¶13

HON’BLE MR. JUSTICE HITESH KUMAR SARMA

¶14

08-03-2021

¶15

This is an application made under Section 439 Cr.P.C., seeking bail by the accusedpetitioners, namely, 1) Miss Rahima Begum, and 2) Miss Marzina Begum , in connection

¶16

Page No.# 2/3

¶17

with Panbazar Police Station Case No.656/2020 registered under Section 22(b)/25/27/27A/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

¶18

Heard Mr. Y.S. Mannan, learned counsel for the petitioners. Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam for the State Respondent.

¶19

Learned counsel for the petitioners has submitted that the petitioners have been in custody for 38 days as on date. It has also been submitted that similarly situated co-accused was granted bail, while in custody for 35 days, by this Court vide order dated 12.02.2021 in B.A. No.201/2021. Learned counsel for the petitioners has further submitted that taking into account the fact that the present petitioners are similarly situated with the petitioner who was granted bail vide the aforesaid order in B.A. No.201/2021 and are in custody for 38 days as on date, they be also granted bail.

¶20

I have perused the records as well as the case diary. Also perused the order dated 12.02.2021 passed in B.A. No.201/2021, copy of which has been placed before this Court during the course of hearing.

¶21

It is found that the present petitioners are also similarly situated with the accused petitioner therein who was granted bail by the aforesaid bail application. Considering the above, the petitioner is granted bail on the ground parity.

¶22

Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case aforementioned on their furnishing bail bond of Rs. 25,000/- each with two suitable sureties each of the like amount, to the satisfaction of learned Special Judge, Kamrup (Metro) under the NDPS Act.

¶23

The direction for bail is further subject to the conditions that the accused-petitioners:

¶24

(a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup (Metro)

¶25

under the NDPS Act, without prior written permission from him;

¶26

(b) shall hamper with the investigation, or tamper with the evidence of the case;

¶27

(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;

¶28

(d) shall appear before the Investigating Police Officer once in a week for 6 (six) weeks

¶29

after his release on bail.

¶30

Page No.# 3/3

¶31

The petition stands disposed of accordingly.

¶32

Return the case diary.

¶33

JUDGE

¶34

Comparing Assistant

Miss Rahima Begum and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Miss Rahima Begum and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subrata Das @ Kanai Vs the State of Assam

Madhu Chandra Das Vs the State of Assam

Fotik Ali Vs the State of Assam

Jayant Kalita @ Singh Vs the State of Assam

Kankan Ray Vs the State of Assam

Sadakat Ali and Anr. Vs the State of Assam