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Md. Nur Islam v. the State of Assam

Gauhati HC14 Feb 2022Bail Appln./119/2022

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C. concerning an NDPS Act case, the court granted default bail to the applicant after noting that the investigation was incomplete and charge-sheet not filed, as the applicant had been in custody for 63 days.

What did the court decide?

Release on bail in connection with Hajo Police Station Case No.2052/2021 under Section 21(b) of the NDPS Act, 1985, by furnishing bond of Rs.20,000/- with one surety of like amount to the jurisdiction

Md. Nur Islam Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010007922022

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

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Case No. : Bail Appln./119/2022

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MD. NUR ISLAM SON OF MD. MAKIB ALI

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R/O VILL- DAMPUR, MAJOR SUPA, UNDER HAJO POLICE STATION, IN THE DIST. OF KAMRUP, ASSAM, PIN CODE-781102

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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. N AHMED

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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14-02-2022

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The Court proceedings have been conducted through VideoConference due to Covid-19 pandemic.

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This is an application made under Section 439 Cr.P.C., seeking bail

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by the accused-petitioner, namely, Md. Nur Islam , in connection with Hajo Police Station Case No.2052/2021 , registered under Section 21(b) of the NDPS Act, 1985.

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Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.

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Mr. Gogoi, learned Additional Public Prosecutor has submitted that investigation of the case has not been completed. He has further submitted that the case diary is available with him.

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That being so, it is apparent that the investigation of the case has not been completed and charge-sheet has not been laid. That apart, the accused petitioner has been in custody for 63 days as on date, excluding the date of his remand.

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That being so, the petitioner is entitled to the grant of default bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount, to the satisfaction of learned jurisdictional Special Judge under the NDPS Act .

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

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

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(b) shall not hamper with the investigation, or tamper with the

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

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JUDGE

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Comparing Assistant

Md. Nur Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Nur Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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