Allowed

Kalim Uddin v. the State of Assam

Gauhati HC3 Mar 2022Bail Appln./3172/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a bail application under Section 439 Cr.P.C. regarding proceedings under the NDPS Act. Noting the trial had not progressed and no prior criminal activity was found, the Court granted bail after considering the duration of detention.

What did the court decide?

Petitioner granted bail on a bond of Rs. 50,000 with a surety of the same amount, subject to satisfaction of the Special Judge, Karimganj.

Kalim Uddin Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010187362021

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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./3172/2021

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KALIM UDDIN S/O LATE ILAS ALI VILL- PIRERCHOK P.S. AND DIST. KARIMGANJ, ASSAM

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

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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03.03.2022

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Heard Shri HRA Chodhury, learned Senior Counsel, assisted by Shri M A Choudhury, learned counsel for the petitioner, who has filed this application under Section 439 Cr.P.C. in connection with Special Case No. 10 of 2014 pending in the Court of learned Special Judge, Karimganj arising out of

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Karimganj PS Case No. 638/2014 registered u/s 21 of Narcotic Drug and Psychotropic Substances Act, 1985.

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Also heard Shri D. Das, learned Additional Public Prosecutor for the State/respondent.

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At the outset, the learned Senior Counsel has fairly submitted that on an earlier occasion, the petitioner had filed Bail Application No. 3148/2019 before this Court and this Court, however, vide order dated 03.01.2020 had disposed of the matter by giving liberty to the petitioner to file bail application before the Lower Court as it was revealed that the charge-sheet was filed, in the meantime.

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The learned Senior counsel submits that subsequent application moved before the learned Special Judge, Karimganj were unsuccessful and the petitioner continues to be in custody granted interim for the last more than 2 years 7 months.

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The learned Senior Counsel submits that since the initiation of the trial, till now not a single P.W. has been examined and therefore, this Court wanted to ascertain the said facts and therefore had called for the scanned copy of the case records.

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The case records reveal that the trial has not yet proceeded. However Shri Das, the learned Additional Public Prosecutor submits that for a long duration there was no Public Prosecutor in the district of Karimganj and that was a reason for which all the criminal matters had to be adjourned and only recently appointments of Public Prosecutors have has been made.

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The Additional Public Prosecutor further submits that the investigation was dragging only because of the fact that the petitioner was absconding and therefore, it may not be a fit case to grant bail to the petitioner.

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I have considered the rival submissions made.

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Upon perusal of the scanned copy of the case records, it reveals that the trial has indeed not progressed for one reason or the other. The records however do not reveal that the petitioner was found involved in any criminal activities on any earlier occasions.

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Considering the above factors and also the length of detention, this Court is of the view that a case for grant of bail is made out.

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Accordingly, the instant application is allowed by directing that the petitioner be released on bail on furnishing a bail bond of Rs. 50,000/-(Fifty Thousand) only with a surety of like amount subject to the satisfaction of the learned Special Judge, Karimganj.

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The petitioner is directed to tender full co-operation with the prosecution and not to indulge in any activities detrimental to the same.

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JUDGE

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Comparing Assistant

Kalim Uddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

Kalim Uddin 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

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