Allowed

Vijoy Rai @ Vijoy Kr Rai v. the State of Assam

Gauhati HC23 Jun 2022Bail Appln./1255/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to Vijoy Rai detained for over a year in a case involving heroin recovery under the NDPS Act. The Court noted the trial was nearing completion and fixed surety conditions.

What did the court decide?

Released on bail of Rs. 50,000 with two sureties of like amount subject to conditions including appearance before trial court and refraining from inducing witnesses.

Vijoy Rai @ Vijoy Kr Rai Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010101652022

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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./1255/2022

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VIJOY RAI @ VIJOY KR RAI S/O CHITRA RAI R/O VILL- NAHARLAGUN DAWSIDE P.S. NAHARLAGUN DIST. PAPUMPARE ARUNACHAL PRADESH, PHONE NO. 8638721638

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR L SARMA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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23.06.2022

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Heard Mr. L. Sarma, learned counsel appearing for the accused petitioner as well as Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Vijoy Rai @Vijoy Kr. Rai has prayed for grant of bail in connection with Special (N) 27/2021, arising out of Rowta P.S. Case No. 121/21 under Section 21(b) of the NDPS Act, 1985.

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The scanned copy of the case record, as called for, is placed before the Court.

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Mr. L. Sarma, learned counsel appearing for the accused petitioner, submits that the accused petitioner has been in judicial custody since 11.06.2021, that is, for 1 year 12 days. Therefore, Mr. Sarma submits that considering the length of detention, the accused petitioner may be released on bail and he is ready to produce 2 government servants working in Assam as bailors.

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The case relates to recovery and seizure of 10 gms. of heroin from the possession of one Ten Norbbu and the present accused petitioner.

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Ms. S.H. Bora, learned Addl. P.P., submits that charges have been framed in the case and out of total 8 listed witnesses 7 witnesses are already examined and hence, the case is on the verge of completion of trial.

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Considering the length of detention of the accused petitioner behind the bar (1 year 12 days) and the submission made by the learned counsel for the petitioner, this Court is of the opinion that as the case is on the verge of completion of trial, if the accused petitioner is released on bail, the remaining part of trial of the case is unlikely to be adversely affected.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of like amount to the satisfaction of the learned Special Judge (NDPS Act), Udalguri subject to the following conditions-

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i) That the accused/petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is

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disposed of;

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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 Court;

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iii) That the accused/petitioner shall refrain from committing any offences similar to the one of which he is accused; and

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iv) That out of the two bailors, one must be government servant working in the State of Assam subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference.

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Return the case diary.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Vijoy Rai @ Vijoy Kr Rai v. the State of Assam

Case brief

What is this about?

What did the court decide?

Vijoy Rai @ Vijoy Kr Rai 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

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