Allowed

Abu Taleb and Anr. v. the State of Assam

Gauhati HC13 Jul 2023Bail Appln./2005/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted regular bail to petitioners arrested under Section 21(b) of the NDPS Act. The court held that after 55 days in custody, further interrogation was unnecessary, ordering bail upon furnishing a bond of Rs.50,000 with two solvent sureties.

What did the court decide?

The petitioners were granted bail by furnishing a bail bond of Rs.50,000/- each with two solvent sureties of like amount.

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

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GAHC010124922023

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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./2005/2023

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ABU TALEB AND ANR S/O LATE OSMAN ALI R/O VILL- THEKAGAON KEYAKUCHI P.S. BARPETA, DIST. BARPETA, ASSAM PIN-781301

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2: AYNUDDIN S/O LATE ABDUL MAJID R/O VILL-KAPAHARTARI KEYAKUCHI P.S. BARPETA DIST. BARPETA ASSAM PIN-78130

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S C BISWAS

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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 : 13.07.2023

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Heard Mr. S. C. Biswas, learned counsel for the petitioners. Also heard Mr.

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B. B. Gogoi, learned APP appearing for the State.

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The petitioners, who were arrested on 20.05.2023, are seeking regular bail under section 439 Cr.P.C. in connection with Barpeta P.S. Case No. 260/2023, under Section 21(b) of the NDPS Act.

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The learned APP has produced the case diary and opposed the prayer for bail on the ground that the petitioners were found carrying small quantity of suspected heroin.

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The forwarding report reveals that during search, the petitioners were found carrying bag with 14 Nos. of plastic container containing suspected heroin, which was weighing 52.84 grams. As per the case diary, the suspected heroin without container is 3.2 grams.

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Be that as it may, as the petitioners have already suffered custody of 55 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) Abu Taleb and (2) Ayunuddin, in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- each with two solvent sureties of like amount to the satisfaction of the learned Special Judge (NDPS), Barpeta.

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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

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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

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the investigation/trial.

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IV. The petitioners shall not misuse their liberty in any manner. V. The petitioners shall appear before the I/O within 10 (ten)

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days from the date of their release and they shall continue to appear once in every month till their appearance is dispensed with or chargesheet is filed, whichever is earlier.

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This application stands disposed of.

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JUDGE

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Comparing Assistant

Abu Taleb and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abu Taleb and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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