Allowed
Meheshwar Roy v. the State of Assam
Gauhati HCBail Appln./1061/2022
Case brief
from the order text
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GAHC010088682022 THE GAUHATI HIGH COURT…
What the court decided
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GAHC010088682022 THE GAUHATI HIGH COURT…
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Page No.# 1/2
GAHC010088682022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1061/2022
MEHESHWAR ROY S/O LATE GANESH CH. ROY R/O VILL- 2 NO. PARBATIPUR P.S. LALUK, DIST. LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR G PHUKAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 22.06.2022
Heard Mr. B. K. Gogoi, learned counsel appearing for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Maheshwar Roy , has prayed for grant of bail in connection with North Lakhimpur P.S. Case No.191/2022 under Section 22(b) of the NDPS Act corresponding to G.R. Case No. 434/2022 (Special (NDPS) No. 14/2022 .
The case diary, as called for, is placed before the Court.
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The case relates to recovery and seizure of 2.73 gram of suspected heroin from the possession of the accused petitioner.
It is noticed that the accused has been in judicial custody for 57 days since 22.04.2022.
A perusal of the case diary reveals prima facie incriminating material against the accused petitioner and the investigation is yet to be completed.
However, having considered the length of detention in judicial custody, this Court is of the considered opinion that further continuation of detention of the accused, in the interest of investigation, is not warranted.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge (NDPS Act), North Lakhimpur, Lakhimpur subject to the following conditions-
(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and
(ii) That the accused petitioner 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 Police Officer or the Court; and
(iii) That the accused petitioner shall refrain from committing any similar offence in future, of which he is suspected of commission.
Return the case diary.
This disposes of the bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to accused under Section 439 Cr.P.C. considering length of detention.
2 provisions across 2 enactments
Meeshwar Roy
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court