Babulal Bishnoi and Anr v. The State of Assam

ORDER

08.09.2023

Heard Mr. S. Munir, learned counsel for the accused petitioners. Also heard Page No.# 2/4 Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused petitioners, namely 1) Babulal Bishnoi and 2) Jala Ram Bishnoi have prayed for grant of bail in connection with N.D.P.S. Case No.44/2022 arising out of Borpathar P.S. Case No.08/2022 under Sections 18(b)/29 of the NDPS Act pending in the Court of learned Special Judge (NDPS), Karbi Anglong, Diphu. The case diary, as called for, is placed before the Court. The case relates to recovery and seizure of 45.463 kg of suspected opium

(kani) from the possession of the accused petitioners which amounts to commercial quantity under the NDPS Act. The FSL report shows that the sample of the seized contraband gave positive tests for opium. It is noticed that the accused petitioners have been in judicial custody since 12.04.2022, that is, for 515 days. Perusal of the case record shows that the learned trial Court framed charges under Sections 18(b)/29 of the NDPS Act against the accused petitioners vide order, dated 11.08.2022. Thereafter, out of the listed 9(nine) prosecution witnesses 6(six) PWs are already examined in the case. This Court is of the opinion that although there is bar under Section 37 of the N.D.P.S. Act in granting bail to accused in matters involving commercial quantity in view of the mandate under Article 21 of the Constitution of India and considering the fact that the trial has substantially progressed, if the accused petitioners are released on bail the remaining part of the trial is unlikely to be hampered. Page No.# 3/4 Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs.1,00,000/-(Rupees One Lakh) only with two government servant sureties of like amount to the satisfaction of the learned Special Judge (NDPS), Karbi Anglong, Diphu as suggested by the learned counsel for the accused petitioners subject to the following conditions-

i) That the accused petitioners shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of;

ii) That the accused petitioners shall not directly or indirectly make any inducement, threat or promise to the remaining prosecution witnesses, who are acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court;

iii) That the accused petitioners shall refrain from committing any offences similar to the one of which they are accused of commission; and

iv) That the accused/petitioners and their bailors shall produce their Voter Identity Card /Passport/Permanent Residential Certificate, whatever is available at the time of submission of the bail bond for satisfaction of the learned Court below regarding their identity and address and then return the same retaining photocopy thereof on record. If deemed necessary, the learned Court below shall subject the documents to police verification. Breach of any of the above conditions shall render cancellation of the bail Page No.# 4/4 in accordance with law. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010140762023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2279/2023 BABULAL BISHNOI AND ANR S/O- SRI DHRAM RAM BISHNOI, R/O- KHICHARO KAWAS BAND, P.S. GUDAMALANI, DIST.- BARMER, RAJASTHAN 2: JALA RAM BISHNOI S/O- SRI BHAIRA RAM R/O- GOLIYA GARWA MANGLE KIBERI P.S. RAJESWARI DIST.- BARMER RAJASTHA VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR