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2020 DIGILAW 481 (GAU)

Nasiruddin v. State Of Assam

2020-05-13

M.R.PATHAK

body2020
JUDGMENT 1. Heard Ms. P. Das, learned counsel for the petitioner and Mr. K. Konwar, learned Additional Public Prosecutor, Assam for the State. 2. By this application under Section 439 CrPC, the petitioner namely, Md. Nasiruddin is seeking bail in connection with Chaygaon Police Station Case No. 362/2020 (corresponding to G.R. No.552(K)/2020) registered under Sections 188/269/270 of the IPC, 51(b) of Disaster Management Act, read with Section 22/29 of the NDPS Act. The petitioner was arrested on 11.04.2020 and since then, he is custody. 3. As per the FIR of the case, on the morning of 11.04.2020 the petitioner along with his companion Sattar Ali while came out from the house of one Shahidul Islam after purchasing contraband articles, both of them were apprehended by police and from them two containers of suspected contraband- Herione weighing 1.14 grms and 0.040 grms were recovered which were accordingly seized vide seizure memo M.R. No.02/2020 including one Honda Shine Motor Cycle. 4. From the said FIR of the case, it is seen that one Shahidul Islam and his wife Sumari Begum are the persons who stocks and sells such contraband drugs and huge quantity of such materials were recovered from their house during the search. 5. After hearing the learned counsels for the parties and finding that the contraband drug that was recovered from the petitioner is less than small quantity as well as considering the period of his detention since 11.04.2020 in custody in said Chaygaon Police Station Case No. 362/2020, the Court is of the view that further custodial detention of the petitioner, named above is not warranted to investigate the said Chaygaon Police Station Case. As such, this bail application of the petitioner is accepted. 6. Accordingly, the petitioner, namely, Md. Nasiruddin shall be released on bail in connection with said Chaygaon Police Station Case No. 362/2020 on furnishing bail bond of Rs. As such, this bail application of the petitioner is accepted. 6. Accordingly, the petitioner, namely, Md. Nasiruddin shall be released on bail in connection with said Chaygaon Police Station Case No. 362/2020 on furnishing bail bond of Rs. 30,000/- with two local sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon on conditions that the petitioner (i) shall appear before the Investigating Officer of said Chaygaon Police Station Case No. 362/2020 as and when he is required for necessary investigation of said Chaygaon PS Case; (ii) shall not leave the territorial jurisdiction of the Chaygaon police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) 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 them from disclosing such facts to the Court or to any police officer; failing which, the bail granted to him in the aforesaid Chaygaon Police Station Case shall stand automatically vacated. 7. Bail application accordingly stands allowed. 8. True copy of this order shall be furnished by the concerned Court Master to the petitioner or to his authorized person for his necessary use.