Allowed

Abu Bakkar Siddique v. the State of Assam

Gauhati HC7 Feb 2023Bail Appln./373/2023

Case brief

AI extract

What is this about?

Petitioner challenged his arrest under NDPS Act seeking regular bail. Court granted default bail after 65 days of custody under Cr.P.C. subject to conditions and furnishing of bond and sureties.

What did the court decide?

Bail granted to petitioner on furnishing bond of Rs.1,00,000/- with two sureties, one offering immovable property, subject to five conditions including appearance before investigating officer.

Abu Bakkar Siddique Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010021422023

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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./373/2023

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ABU BAKKAR SIDDIQUE S/O LT. BILAT ALI, VILL.- GOALPARA, P.S.- ABHAYAPURI, DIST.- BONGAIGAON, ASSAM.

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE P.P., ASSAM.

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Advocate for the Petitioner : M M RAHMAN

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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 : 07.02.2023

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Heard Mr. M.M. Rahman, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned APP appearing for the State.

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The petitioner, who was arrested on 04.12.2022, is seeking regular bail under section 439 Cr.P.C. in connection with Abhayapuri P.S. Case No. 522/2022, under sections 20(a)(i)(ii)(B) of NDPS Act.

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The learned APP has produced the case diary and has opposed the prayer for bail on the ground that there are sufficient incriminating materials against the petitioner.

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On a query of the Court, the learned APP has submitted that as per instruction received by her, charge-sheet has not been submitted against the petitioner.

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Be that as it may, as the petitioner has suffered custody of 65 days as on date, the Court is of the considered opinion that the petitioner has become entitled to default bail under section 167(2)(a)(ii) Cr.P.C. Hence, the Court is inclined to grant bail to the petitioner, namely, Abu Bakkar Siddique in connection with the aforesaid case on furnishing bail bond of Rs.1,00,000/- with two suitable surety of like amount to the satisfaction of the learned Special Judge (POCSO), North Salmara, Abhayapuri. Out of the two sureties, one should offer his immovable property as security for grant of bail, having sufficient value to cover the bail amount.

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Bail is granted on the following conditions:

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I. The petitioner shall make himself 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 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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III. The petitioner shall not obstruct the smooth progress of the investigation/trial.

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IV. The petitioner shall not misuse his liberty in any manner.

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

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VI. Non-compliance of any of the conditions for grant of bail, it would be open for the I/O to apply for cancellation of bail before jurisdictional Court.

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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

Abu Bakkar Siddique v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abu Bakkar Siddique 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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