Disposed

MD Mubarak Ali @ Babul Ali v. the State of Assam

Gauhati HC4 Jan 2024Bail Appln./4/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. for an accused arrested in connection with an NDPS case. Considering materials on record and detention period, the court concluded further custodial interrogation was unnecessary and released the petitioner on bail with a bond and conditions.

What did the court decide?

Release on bail on furnishing personal bond of Rs.50,000/- with one surety, subject to stated conditions.

MD Mubarak Ali @ Babul Ali Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2024)

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GAHC010000342024

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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./4/2024

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MD MUBARAK ALI @ BABUL ALI S/OLT. SADDIQUE RAHMAN R/O VILL- ISLAMPUR BESAPUTI P.S. LAKLUK DIST. LAKHIMPUR, ASSAM

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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. B CHOWDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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05.01.2024

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Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Md. D. Das, learned Additional Public Prosecutor for the State of Assam.

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This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Md. Mubarak Ali @ Babul Ali , who was arrested on 09.11.2023 in connection with North Lakhimpur Police Station Case No. 359/2023 corresponding to GR No. 944/2023 registered under Section 21(b)/29 of NDPS Act.

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Considering the materials available on record including the period of detention, this Court is of the considered opinion that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation.

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Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned Special Judge, Lakhimpur, North Lakhimpur with the following conditions.

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(a) Shall not leave the territorial jurisdiction of learned Special Judge, Lakhimpur, North Lakhimpur, without prior written permission from

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him/her;

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(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

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(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 office.

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In terms of the above, this bail application stands disposed of.

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JUDGE

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Comparing Assistant

MD Mubarak Ali @ Babul Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

MD Mubarak Ali @ Babul Ali 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

Case details

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