Research › Search › Judgment

Gauhati High Court · body

2022 DIGILAW 1003 (GAU)

Mokbul Ali @ Makbul Ali v. State of Assam

2022-09-09

DEVASHIS BARUAH

body2022
JUDGMENT : 1. Heard Mr. T.K. Misra, the learned counsel for the applicants and Mr. B.B. Gogoi, learned Addl. PP, Assam. 2. This is an application under Section 439 Cr.P.C. praying for bail of the accused applicants, namely, 1. Mokbul Ali @ Makbul Ali and 2. Farida Begum, who are in detention in connection with Barpeta PS case No.784/2022 under Sections 21(b)/29 of the NDPS Act. 3. Perused the case diary as well as the other documents. 4. The applicants are arrested on 04.08.2022 and since then they are in custody. 5. The case diary transpires sufficient incriminating materials against the applicant No.1. Having considered the materials in the case diary and the gravity of offence, the prayer for bail of the application No.1 Mokbul Ali @ Makbul Ali stands rejected at this stage. 6. The applicant No.2 is the mother of the applicant No.1 and she is suffering from various health ailments like Uric Acid, Thyroid etc and case diary reveals that there is no involvement of the mother with the offence alleged. 7. Having considered the allegations made in the FIR and also the length of detention in custody, this Court is of the view that further detention of the applicant No.2 i.e., Farida Begum is not necessary for the purpose of investigation. Accordingly, the applicant No.2, above named, is allowed to be enlarged on bail of Rs.25,000/-, with a suitable surety of the like amount to the satisfaction of the learned CJM, Barpeta. The above bail application shall be subject to following conditions : 1. The accused applicant No.2 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/her from disclosing such facts either to the Court or to any police officer. 2. The applicant No.2 shall not leave the territorial jurisdiction of learned CJM, Barpeta without his prior permission. 3. The applicant No.2 shall not hamper with the investigation of the case and tamper with the evidence. 8. The bail application stands disposed of. 9. Return the case diary.