Allowed

Md. Anowar Hussain @ Anowar Ali @ Boga v. the State of Assam

Gauhati HC23 Jun 2022Bail Appln./1330/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused petitioner in a case involving recovery of narcotics and a pistol under the NDPS Act and Arms Act, subject to maintaining surety and complying with standard conditions.

What did the court decide?

Accused petitioner released on bail of Rs. 50,000/- with one surety of like amount subject to standard bail conditions.

Md. Anowar Hussain @ Anowar Ali @ Boga Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010111892022

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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./1330/2022

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MD. ANOWAR HUSSAIN @ ANOWAR ALI @ BOGA S/O HAZRAT ALI @ TUNIA SHEIKH R/O HALIGAON, BIJOYNAGAR P.S. PALASHBARI DIST. KAMRUP (R), ASSAM

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM

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Advocate for the Petitioner : MR. S M MOLLAH

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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. S.M. Mollah, learned counsel appearing for the accused petitioner as well as Mr. R.J. Baruah, 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 Md.

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Page No.# 2/3

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Anowar Hussain @Anowar Ali @Boga has prayed for grant of bail in connection with NDPS Case No. 9/2019 under Section 392 of the IPC read with Section 27(1) of the Arms Act and Section 22(a) of the NDPS Act (Corresponding to Palashbari P.S. Case No. 151/2019 ), pending in the Court of learned Special Judge, Kamrup (R), Amingaon.

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

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The F.I.R. reveals the allegation that on 13.04.2019 at about 1.45 p.m., while the informant was talking with his friends at Gopalpur Chowk (Mirza), two boys came in a motorcycle and forcibly took away his motorcycle by showing pistol. But, as the boy who took away the informant’s motorcycle met with an accident, with the help of police, he was apprehended. The other boy, however, managed to escape from the place of occurrence. From the miscreant one bag was recovered which contained 2 k.gs of ganja, one pistol and some instruments. The apprehended boy introduced himself as Bikash Barman and the other boy as Boga@ Anowar, that is, the present petitioner.

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Mr. S.M. Mollah, learned counsel appearing for the accused petitioner, submits that earlier the accused was released on bail by the Court of learned Sessions Judge, Kamrup, Amingaon vide order, dated 04.11.2019. Thereafter, when the accused failed to appear before the learned trial Court on 11.02.2020, NBWA was issued against him, on the strength of which, he was again arrested on 09.05.2022. Mr. Mollah submits that the petitioner defaulted in appearance before the learned trial Court due to miscommunication with his engaged counsel as well as for the lockdown imposed in the State of Assam due to Covid-19 pandemic. Therefore, Mr. Mollah submits that if the accused petitioner is released on bail subject to any condition(s), he is ready to regularly appear before the learned trial Court on all dates fixed from time to time.

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Page No.# 3/3

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After perusal of the case records and considering the grounds cited in the petition, this Court is of the opinion that if the liberty of bail is granted to the accused petitioner, the ongoing trial in 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 one surety of like amount to the satisfaction of the learned Special Judge (N.D.P.S. Act), Kamrup (R), Amingaon 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 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; and

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iii) That the accused/petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Md. Anowar Hussain @ Anowar Ali @ Boga v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Anowar Hussain @ Anowar Ali @ Boga v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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