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2020 DIGILAW 486 (GAU)

Mrinal Daimari v. State Of Assam

2020-05-14

M.R.PATHAK

body2020
JUDGMENT 1. Heard Mr. B.S. Basumatary, learned counsel for the petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor, Assam for the State. 2. This application under Section 439 Cr.PC has been filed by the petitioner, namely, Shri Mrinal Daimari, seeking bail in connection with Udalguri P.S. Case No. 46/2020 registered under Sections 20(b) of the NDPS Act, corresponding to G.R. No. 246/2020, wherein he was arrested on 29.02.2020 and since then, he is in custody. 3. As per the FIR of the case dated 29.02.2020, on the basis of the secret information and the other arrested accused persons of the case, the house of one Sibanand Basumatari and the petitioner Mrinal Daimari of village No. 1 Sapkhaiti under Udalgrui Police Station were searched by the Police personnel of Udalguri Police Station, wherefrom 34 Nos. of small container with suspected brown sugar (Heroin) and 3 Nos. of Syringe along with 25 Nos. of small empty container were recovered. Arrested persons including the petitioner were found to be involved in the trade of contraband drugs. 4. On being enquired, Mr. T. K. Misra, learned Additional Public Prosecutor, on instructions, submitted that charge sheet in said Udalguri P.S. Case has not yet been filed. The petitioner is already in custody for more than 72 days. 5. Considering the above, the petitioner is entitled for his default bail. 6. Accordingly, the petitioner, namely, Shri Mrinal Daimari, be released on bail in said Udalguri P.S. Case No. 46/2020 on furnishing a bail bond of Rs. The petitioner is already in custody for more than 72 days. 5. Considering the above, the petitioner is entitled for his default bail. 6. Accordingly, the petitioner, namely, Shri Mrinal Daimari, be released on bail in said Udalguri P.S. Case No. 46/2020 on furnishing a bail bond of Rs. 40,000/- with 2 (two) local sureties of the like amount to the satisfaction of the learned Special Judge (NDPS), Udalguri, on conditions that the petitioner - (i) shall appear before the Investigating Officer of said Udalguri P.S. Case No. 46/2020 as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of the Udalguri 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) he 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 Udalguri Police Station case shall stand automatically vacated. 7. This bail application accordingly stands allowed. 8. A 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.