Allowed

Bhim Bahadur Sunar v. the State of Assam

Gauhati HC17 Aug 2023Bail Appln./2452/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. in a narcotics case involving recovery of heroin and ganja, the Gauhati High Court granted bail to the petitioner after noting 54 days of detention without requiring the case diary.

What did the court decide?

Granted bail to the accused-petitioner on Rs. 50,000/- with two sureties of the same amount to the learned Special Judge (N.D.P.S. Act), Kamrup (M).

Bhim Bahadur Sunar Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010152062023

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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./2452/2023

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BHIM BAHADUR SUNAR

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S/O LT. KABIRAJ SUNAR, OF 3RD MILE, RIATSOKHLUR, P.S. RILBONG, SHILLONG, PERMANENT RESIDENT OF H/NO. 1/1, MILITARY HOSPITAL, AREA, SHILLONG, EAST KHASI HILLS-MEGHALAYA, PIN-793002

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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. J I BORBHUIYA 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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17.08.2023

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Heard Mr. J. I. Borbhuiya, learned counsel appearing for the accused petitioner as well as Mr. B. Sarma, 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, Bhim Bahadur Sunar, has prayed for grant of bail in connection with Basistha P.S. Case No.363/2023 under Sections 21(b)/20(b)(ii)/B/25 of N.D.P.S. Act.

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The case diary, as called for, is not received.

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Page No.# 2/3

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The case relates to recovery and seizure of 132.8 gram of heroin and 2.122 KG of ganja from the possession of the accused petitioner.

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It is noticed that the accused has been in judicial custody since 24.06.2023, that is, for 54 days.

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On perusal of the F.I.R. as well as the contents of the accused forwarding report it appears that there is prima facie incriminating material against the accused petitioner.

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However, considering the length of detention (54 days), this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of the ongoing investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge (N.D.P.S. Act), Kamrup (M) subject to the following conditions-

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i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required;

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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 Police Officer or the Court;

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iii) That the accused/petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission; and

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iv) That out of the two sureties, one must be a government

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servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned court below shall return the original documents retaining legible scanned copy thereof on record for future reference.

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This disposes of the bail application.

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Comparing Assistant

Bhim Bahadur Sunar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Bhim Bahadur Sunar v. the State of Assam

Case brief

What is this about?

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