Bubu Konwar vs State Of Assam

Heard Mr. P. Kataki, learned counsel for the petitioner and Mr. N.K. Kalita, learned APP appearing for the State.

By this application under Section 439 Cr.P.C., the petitioner, namely, Sri Bubu Konwar, who was arrested on 14.03.2021, is seeking bail in connection

with Jorhat PS Case No. 622/2021 corresponding to G.R. Case No. 919/2021 registered under Section 21(b) NDPS Act. The learned APP submits

that the case diary is not received.

Taking note of the provisions of Section 167(2) and by observing that more than 60 days of custody is already over with no information to the learned

APP that the charge-sheet has been filed or not, the Court is inclined to release the petitioner named above on bail in connection with the case

aforementioned on furnishing bail bond of Rs.40,000/- with two suitable surety of like amount to the satisfaction of learned Special Judge, Jorhat. As

this default bail is being granted in the absence of instruction to the APP, by preserving that no charge-sheet has been filed, it is also provided that in

the event charge-sheet has been submitted as on today i.e. 27.05.2021, notwithstanding this order, it would be open to the learned Special Judge,

Jorhat to pass appropriate orders in accordance with law.

The bail is granted on the following condition:

i. That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case 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 facts of the case so as

to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or

influence or intimidate the prosecution witnesses.

iii. That he shall not obstruct the smooth progress of the investigation/trial.

iv. That the petitioner shall not misuse his liberty in any manner.

v. That the petitioner shall not jump over the bail.

vi. That the petitioner shall appear before the I.O. of Jorhat P Case No. 622/2021 within 10 (ten) days from today. Moreover, he shall give his

attendance before the I.O. once a month till his attendance is dispensed with by the I.O., or till filing of charge-sheet, whichever is earlier.

The petitioner is granted liberty to produce a downloaded copy of the order before the learned Special Judge, Jorhat and the said learned Court shall

be at liberty verify the Page No.# 3/3 correctness of the order from the website of the Court.

This bail application stands disposed of.