Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010067272025
2025:GAU-AS:4477
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./826/2025 JEHARUN KHATUN W/O- SAMAN ALI R/O- VILL- LATIBARI PS CHUNARI DIST- GOALPARA ASSAM 2: RUPBHANU KHATUN W/O. SAMAD ALI R/O. VILL.- LATIBARI P/S. CHUNARI DIST. GOALPARA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. M I HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 09-04-2025
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Heard Mr. M.I. Hussain, the learned counsel for the petitioners and also heard Mr. M.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of the State respondent.
2. This is an application under Section 439 of the Code of Criminal Procedure, 1973 with prayer for bail as the petitioners are behind the bars since 12.02.2025 in connection with Chunari P.S. Case No. 02/2025 u/s 18(b)(c)/29 of the NDPS Act, 1985.
3. It is submitted by Mr. Hussain, the learned counsel for the petitioners that the present petitioners are behind the bars since last 57 days and thus the Investigating Officer got sufficient time for their custodial interrogation. Considering the length of detention they may be enlarged on bail and being a local resident they will extend their cooperation in the further investigation of the case.
4. Mr. Goswami, the learned Additional Public Prosecutor submitted in this regard that he made an enquiry with the Investigating Officer and it is informed that charge-sheet is not yet filed in connection with the present case.
5. Considering the submissions made by learned counsel for both sides and also considering the length of detention already undergone by the accused/petitioners, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioners on bail.
6. Accordingly, the accused/petitioners are released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of
Page No.# 3/3 like amount to the satisfaction of the learned Special Judge, Goalpara. The accused/petitioners, namely [1] Jeharun Khatun and [2] Rupbhanu Khatun, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten 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; and (iii) that the petitioners shall not leave the jurisdiction of the learned Special Judge, Goalpara without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant