Dhurba Rai vs State Of Assam

Heard Mr. J.C. Gogoi, learned counsel for the petitioner as well as Mr. T.K. Mishra, learned APP for the State.

By this application under section 439 Cr.P.C., the accused-petitioner, namely, Dhruba Rai, who was remanded to custody on 09.04.2021, is seeking

bail in connection with Namtola P.S. Case No.9/2021, registered under section 21(a)/27 NDPS Act corresponding to GR Case No.194/2021.

The learned APP has produced the case diary which reflects incriminating materials against the petitioner from whom 0.511 grams of brown sugar

with container was seized. However, FSL report is not available on record.

Considering the length of detention, the Court is inclined to release the petitioner, namely, namely, Dhruba Rai in connection with Namtola P.S. Case

No.9/2021 on furnishing a bail bond of Rs.40,000/-(Rupees forty thousand only) with 2(two) surety of like amount to the satisfaction of the learned

Special Judge, Sonari.

The above bail order shall, however, be subject to the following conditions:

1) That the accused-petitioner shall not leave the territorial jurisdiction of the aforesaid Police Station, without prior written permission from the

Investigating officer of the case;

2) The accused-petitioner shall not hamper with the investigation, or tamper with the evidence of the case; and

3) The accused-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 the Court or to any police officer.

4) He shall appear before the I.O. of the case once in every month till his personal appearance is dispensed with by the IO, and/or till charge-sheet is

filed, whichever is earlier. With the aforesaid conditions, this bail application stands allowed. The case diary is returned.

In view of the Covid-19 pandemic situation prevailing, the petitioner is granted liberty to produce a downloaded copy of this order before the learned

Special Judge, Sonari, who would be at liberty to verify the correctness of the order from the website of the Court and act accordingly.