Allowed

Furkan Ali and Anr. v. the State of Assam

Gauhati HC10 Feb 2023Bail Appln./185/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted regular bail to two petitioners arrested in an NDPS case involving suspected heroin. Noting they had already suffered 58 days of custody and further interrogation was unnecessary, the Court ordered release on bond.

What did the court decide?

Bail granted on furnishing bail bond of Rs.1,00,000/- each with two suitable sureties of like amount on five specific conditions.

Furkan Ali and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010010562023

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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./185/2023

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FURKAN ALI AND ANR S/O- JAHED ALI, VILL- MOIRA BARI, DHING, NAGAON, P.S. DHING, DIST.NAGAON, ASSAM

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2: ASADDUL ISLAM @ASADUL ISLAM S/O- ABDUL LATIF VILL- SINGIMARI KAMPUR P.S. KAMPUR DIST.- NAGAON ASSA VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MS. K MALAKAR

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 10.02.2023

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Heard Ms. K. Malakar, learned counsel for the petitioners. Also heard Mr.

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R.J. Baruah, learned APP appearing for the State.

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The petitioners, who were arrested on 14.12.2022, are seeking regular bail under section 439 Cr.P.C. in connection with Diphu P.S. Case No. 123/2022, under sections 21(b) of the NDPS Act.

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The learned APP has produced the case dairy and has opposed the prayer for bail on the ground that 33.62 grams of suspected heroin was found from the custody of the petitioners.

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Be that as it may, as the petitioners have suffered custody of 58 days as on date, the Court is of the considered opinion that further custodial interrogation of the petitioners may not be necessary. Hence, the Court is inclined to grant bail to the petitioners, namely, (1) Furkan Ali, and (2) Asaddul Islam @ Asadul Islam in connection with the aforesaid case on furnishing bail bond of Rs.1,00,000/- each with two suitable sureties of like amount to the satisfaction of the learned Special Judge (NDPS), Karbi Anglong, Diphu.

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Bail is granted on the following conditions:

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I. The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.

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II. The petitioners 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 Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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III. The petitioners shall not obstruct the smooth progress of the

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investigation/trial.

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IV. The petitioners shall not misuse their liberty in any manner.

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V. The petitioners shall appear before the I/O within 10 (ten) days from the date of their release and they shall continue to appear once in every month till their appearance is dispensed with or charge-sheet is filed, whichever is earlier.

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In the event, the I/O finds that the petitioners are involved in any similar offence, it would be open to the I/O to move the jurisdictional Court and apply for cancellation of bail.

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This application stands disposed of.

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Case diary is returned.

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JUDGE

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Comparing Assistant

Furkan Ali and Anr. v. the State of Assam

Case brief

What is this about?

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Furkan Ali and Anr. v. the State of Assam

Case brief

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