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2025 DAILYLAW 21220 (GAU)

RAFIKUL ISLAM v. THE STATE OF ASSAM

Bail Appln./3670/2024 · 2025-01-02

Mitali Thakuria

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Judgment text

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Page No.# 1/3 GAHC010253392024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3670/2024 RAFIKUL ISLAM S/O NOWSAD ALI R/O GOROMARI P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S HOQUE, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 03-01-2025 Heard Mr. S. Hoque, the learned counsel for the petitioner and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 07.11.2024 in connection with Manikpur Case No. 147/2024 under Sections 21(b)/29 of NDPS Act. 3. It is submitted by Mr. Hoque that the case is of intermediate quantity and the accused/petitioner is behind the bar since last 58 days and thus the Investigating Officer got sufficient time for his custodial interrogation and accordingly he submitted that he may be released on bail. However, he is ready and willing to co-operate with the Investigating Officer and further investigation of the case. 4. Mr. Sharma submitted in this regard that an enquiry made by him, it is intimated by the Investigating Officer that case is still under investigation and charge-sheet is not yet submitted. 5. Without going into the detail of the merit of the case and other aspects of the case, it is seen that till completion of 58 days, the Investigating Officer is not in a position to furnish the charge-sheet. 6. Accordingly, considering the length of detention, the accused/petitioner is released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Bongaigaon. The accused/petitioner, namely Rafikul Islam, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 3/3 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Bongaigaon without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant