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2025 DAILYLAW 19524 (GAU)

NUR MOHAMMAD ALI @ BENGA v. THE STATE OF ASSAM

Bail Appln./3132/2024 · 2025-01-21

Malasri Nandi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010213302024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3132/2024 NUR MOHAMMAD ALI @ BENGA S/O LATE NUSUR ALI R/O VILL- DAMPUR KHANDAPURA P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN, MR M RAHMAN,MR. M HUSSAIN,MR. N ISLAM,MD S ALI,MR M RAHMAN,MD S ALI,MR. N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.01.2025 Heard Mr. S. Ali, learned counsel appearing for the accused petitioner as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Nur Mohammad Ali @ Benga, has prayed for grant of bail in connection with Hajo P.S. Case No.263/2024 under Sections 22(C) of NDPS Act. It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 181 days since his arrest on 25.07.2024 and he has completed the mandatory period of detention. He further submitted that charge-sheet has not yet been laid as such the petitioner is entitled for default bail. On the other hand, Mr. Kaushik, learned Additional Public Prosecutor has produced the case diary without FSL report and submitted that the petitioner has completed the mandatory period of detention and confirmed that charge-sheet has not yet been submitted. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.1,00,000/- with two suitable sureties of the like amount, to the satisfaction of learned Special Judge, Kamrup, Amingaon. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup, Amingaon without prior written permission from him/her; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any Page No.# 3/3 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. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant