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2019 DIGILAW 1369 (GAU)

Md Kazim Uddin v. National Investigation Agency (Nia) Represented By SC, NIA

2019-12-18

MIR ALFAZ ALI, NANI TAGIA

body2019
JUDGMENT : 1. Heard Mr. S. Munir, learned counsel for the appellant and Mr. Hasan, learned Senior Public Prosecutor, NIA, Assam. 2. Aggrieved by the order, dated 26.09.2019, passed by the learned Special Judge, NIA, Assam, Guwahati, in Case No. RC 08/2019/NIA-GUW dismissing the bail application being B.A. No. 794/2019 by rejecting the prayer for bail of the appellant/petitioner namely Md. Kazim Uddin, this instant appeal has been preferred by the said appellant/petitioner for grant of bail. 3. It is submitted by the learned counsel for the appellant/petitioner that the appellant/petitioner was a professional driver and he was in no way connected with the offence alleged and he has been in custody for the last 176 days. The Case Diary was called for but the same has not been made available. However, the learned Senior Public Prosecutor, NIA, Assam, Mr. Hasan, submits that he has the instruction not to oppose the bail as no incriminating material so far is collected by the investigating agency against the present appellant/petitioner as of now. 4. Apparently, the bail was moved before the learned Special Judge, NIA, Assam, Guwahati, when investigation was at a very early stage. Therefore, the learned Special Judge rejected the prayer for bail of the appellant/petitioner by order, dated 26.09.2019, passed in Case No. RC 08/2019/NIA-GUW. 5. Having considered the submission of the learned Senior Public Prosecutor, NIA, Assam, that no material could be collected against the appellant/petitioner and the NIA, Assam, has no objection in granting the bail to the appellant/petitioner and also considering the length of detention of the appellant/petitioner, the appeal is allowed. It is provided that the appellant/petitioner shall be released on bail of Rs. 50,000/- with 2(two) solvent sureties of like amount subject to the satisfaction of the learned Special Judge, NIA, Assam, Guwahati. 6. The instant appeal accordingly stands allowed and disposed of.