Izazul Hussain vs State Of Assam

Heard Mr. T. Baidya, learned counsel for the accused- petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent

State of Assam.

By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused- petitioner viz. Izazul Hussain has prayed for his

release on bail, in connection with Hajo Police Station Case no. 790/2021, registered under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic

Substances (NDPS) Act, 1985. After the arrest of the accused-petitioner, he was remanded to custody on 26.05.2021.

Learned counsel for the accused-petitioner has submitted that it was one Edul Ali @ Bhajapitha against whom specific information was received by

the police personnel. When search operation was conducted in the house of Edul Ali @ Bhajapitha, a quantity of 5.300 grams of suspected contraband

was recovered from his possession. The accused-petitioner was found present in the said premises at the time where the search operation was

carried out. The accused-petitioner was also apprehended on the ground that he was involved in illegal activity of drugs peddling. He has further

submitted that the accused-petitioner is pursuing B.A. (General) course from Binandi Chandra Medhi College and presently, his B.A. 5th Semester

examination is going on which has started from 21st June, 2021. It is on the said ground, he has prayed that the accused-petitioner may be released on

bail subject to imposition of any terms and conditions.

Learned Additional Public Prosecutor has submitted that the concerned case diary has been received but he is yet to receive the chemical analysis

report from the Forensic Science Laboratory. The materials in the case diary go to show the presence of the accused-petitioner in the premises of

Edul Ali @ Bhajapitha when the search operation was carried out and the accused-petitioner is suspected to be involved in drugs peddling.

I have considered the submissions of the learned counsel for the parties and have also taken note of the materials in the case diary, as have been

referred to by the learned Additional Public Prosecutor.

From the documents annexed to the bail application as well as the Admit Card and the Programme published by Gauhati University, placed before

this Court today, it is seen that the accused-petitioner is pursuing B.A. (General) course from Binandi Chandra Medhi College and an Admit Card has

been issued in his favour to appear in the B.A. 5th Semester examination which has started from 21.06.2021. The accused-petitioner is in custody

since 26.05.2021. Considering the fact that the accused-petitioner is appearing in B.A. 5th Semester examination and if the accused-petitioner is

released on bail subject to imposition of appropriate terms and conditions, he will be able to appear in the B.A. 5th Semester examination. This Court is

of the considered view that, in the interests of justice, the accused-petitioner can be released on bail, at this stage of investigation, as he has spent

more than 29 days in custody, provided he continues to extend his assistance and co-operation in the further investigation of the case.

Accordingly, it is directed that the accused-petitioner shall be released on bail on furnishing a bail bond of Rs. 20,000/- with two local sureties each

of the like amount to the satisfaction of the learned Special Judge, Kamrup, Amingaon, subject to the conditions that :-

[i] the accused-petitioner shall appear before the Investigating Officer (I.O.) of the case on 1st day and 15th day of every month till completion of the

investigation and shall co-operate with the investigation by making himself available for interrogation whenever required by the I.O. of the case;

[ii] the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case

so as to dissuade him from disclosing such facts to the court or to any police officer;

[iii] the accused-petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be

collected by the police;

[iv] the accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the

commission of which he is suspected; and

[v] the accused-petitioner shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if

charge sheeted in the case.

The application stands disposed of in the aforesaid terms.