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2020 DIGILAW 394 (GAU)

Jelal Uddin Sikdar @ Jelal Sikdar v. State Of Assam

2020-03-16

MIR ALFAZ ALI

body2020
JUDGMENT 1. Heard Mr. AM Khan, learned counsel for the petitioner and Mr. TK Mishra, learned Addl. PP, Assam. 2. This is an application under Section 438 Cr.P.C. filed by the petitioner, namely, Jelal Uddin Sikdar @ Jelal Sikdar, praying for pre-arrest bail apprehending arrest in connection with South Salmara PS Case No.40/2020 under sections 18 of the NDPS Act. 3. Perused the FIR and the documents annexed therewith. Also perused the case diary produced today. 4. As per the allegation made in the FIR, the police on the basis of a secret informant found that coffee was cultivated in 8 bighas of land by some unknown miscreants, however, allegedly the land belongs to the present petitioner. Learned counsel for the petitioner submits that the petitioner is not the owner of the land. 5. Case diary produced today does not reflect any material to show that the petitioner is the owner of the said land which was used by the unknown miscreants to cultivate the coffee plant. 6. Having considered the materials in the case diary this Court is of the view that custodial interrogation of the petitioner may not be necessary for the purpose of investigation of this case and as such the prayer for pre-arrest bail is allowed. 7. Accordingly, it is provided that, in the event of arrest of the petitioner in connection with the aforementioned case, the petitioner above named shall be released on furnishing a bail bond of Rs.20,000/-, with a suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions. 1. The petitioner shall appear before the Investigating Officer within 15 days and co-operate with the investigation. 2. 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 the Court or to any police officer. The pre-arrest bail application stands disposed of. Send back the case diary.