Hajo P.S. Case; NDPS Act offence; default bail granted under Section 439 Cr.P.C. as investigation remained incomplete beyond 60 days without charge-sheet filing.
Petitioner released on bail with ₹15,000 bond and one surety upon furnishing a bail bond along with undertaking to abide by court conditions.
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GAHC010005572022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./84/2022
MD. IFTIKAR HUSSAIN @ BABU S/O LATE BAHAR ALI R/O VILL- BARNI DOLEISUPA P.S. HAJO DIST. KAMRUP (R), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM, TO THE GOVT. OF ASSAM
Advocate for the Petitioner : MR. A M KHAN
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
14-02-2022
The Court proceedings have been conducted through VideoConference due to Covid-19 pandemic.
This is an application made under Section 439 Cr.P.C., seeking bail
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by the accused-petitioner, namely, Md. Iftikar Hussain @ Babu , in connection with Hajo P.S. Case No.2065/2021 , registered under Section 21(b)/29 of the NDPS Act .
Heard Mr. A.M. Khan, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.
The petitioner was arrested on 15.12.2021 and, as such, he has been in custody for 61 days from the date of his arrested, and 60 days with effect from the date of his remand.
Mr. Gogoi, learned Additional Public Prosecutor, on instructions, has submitted that charge-sheet in this case has not been laid. He has further submitted that the case diary is lying before the learned Court below in connection with some bail application.
That being so, since the investigation has not been completed within stipulated period of 60 days, the petitioner is granted default bail.
Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on his furnishing bail bond of Rs.15,000/- with one suitable surety of the like amount, to the satisfaction of learned jurisdictional Special Judge under the NDPS Act .
The direction for bail is further subject to the conditions that the accused-petitioner:
(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 evidence of the case;
(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.
In terms of the above, this bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to bail considering the non-laying of charge-sheet and incompletion of investigation within 60 days.
2 provisions across 2 enactments
Md. Iftikar Hussain @ Babu
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
