Gauhati High Court
Md Farjul Haque vs The State Of Assam on 5 October, 2023
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GAHC010181962023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2887/2023
MD FARJUL HAQUE
S/O- LATE SANDU SEIKH,
R/O- NEAR MASJID HERAPATTY , HAIBORGAON, P.S AND P.O- NAGAON,
DIST- NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM
Advocate for the Petitioner : MR. N N B CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
05-10-2023
Heard Mr. N.N.B. Choudhury, learned counsel for the petitioner and Mr. K. Baishya,
learned Additional Public Prosecutor, Assam for the State.
2) By this application under Section 438 CrPC, the petitioner, namely, Md. Farjul
Haque, Son of late Sandu Seikh; resident of Herapatty under Haiborgaon Police
Station of district-Nagaon have prayed for his pre-arrest bail in Special (NDPS) Case
No.21/2023 registered under Sections 21(b)/29 of the NDPS Act corresponding to G.
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R. Case No. 1305/2022 arising out of Bihpuria Police Station Case No. 221/2022,
wherein, Charge-Sheet has been filed on 28.04.2023 vide Charge-Sheet No. 62/2023.
3) The petitioner earlier approached this Court in AB No. 1698/2023 seeking pre-
arrest bail in said Bihpuria Police Station Case No. 221/2022 corresponding to G. R.
Case No. 1305/2022 registered under Sections 21(b)/29 of the NDPS Act. As in the
meanwhile, charge-sheet was filed in said Bihpuria P. S. Case, the Court by order
dated 27.06.2023; passed in said AB No. 1698/2023 directed the petitioner to
approach the appropriate Court for his bail in said Bihpuria P.S. Case and accordingly
disposed of said AB No. 1698/2023.
4) The petitioner stated that in the charge-sheet No.62/2023 filed by the
Investigating Officer of the case in said Bihpuria P. S. Case No. 221/2022, the
petitioner has been shown as absconder.
5) The police on receiving special information apprehended Khageswar Boro with
suspected Heroin in a soap box wrapped with black polythene measuring about 12.71
grams (excluding the plastic container and polythene etc.) apprehended Ritul Bhuiyan
with one soap box full suspected to be Heroin weighing about 12.93 grams,
apprehended Anima Khatun from Herapatty, Nagaon who has been suspected to
deliver those narcotic substances.
6) It is stated that those three arrested accused persons were released on bail in
said Bihpuria P. S. Case No. 221/2022 by this High Court by order dated 03.01.2023
passed in Bail Appln. No. 3476/2022 and order dated 24.02.2023, passed in Bail
Appln. No.176/2023.
7) Petitioner stated that said Anima Khatun was released on bail in said Bihpuria P.
S. Case No. 221/2022 is his wife, who left him two years back and he does not know
whereabouts of her and he has seven children out of which four are minors and that
he is the only earning member of the family working as a private driver and no way
connected with the case.
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8) Petitioner stated that the aforesaid facts are new and were not placed earlier
before the Court in said AB No.1698/2023 disposed of earlier on 27.06.2023. Hence
the petitioner by this application prayed for his pre-arrest bail in said Bihpuria P. S.
Case No. 221/2022.
9) From the charge sheet of the case as well as the case diary, it is seen that the
arrested accused persons implicated the petitioner with regard to his involvement in
the case as supplier of the contraband drugs.
10) It is also seen that the learned Special Judge (NDPS) issued summon to the
petitioner on 23.05.2023 in said Special (NDPS) Case No.21/2023.
11) Mr. Choudhury, learned counsel for the petitioner in support of his argument
placed reliance on the judgment of the Hon'ble Supreme Court in the case of Tofan
Singh Vs. State of Tamilnadu reported in 2013 16 SCC 31 and Dipakbhai
Jagdishchandra Patel Vs. State of Gujarat and another reported in 2019 16 SCC 547 as
well as in the case of Ratna Ram and another Vs. State of Assam reported in 2022 (4)
GLT 424, decided by this High Court.
12) After considering the entire aspect of the matter and hearing the parties, the
petitioner, namely, Md. Farjul Haque, is directed to appear before the learned
Special Judge (NDPS), Lakhimpur, North Lakhimpur in said Special (NDPS) Case
No.21/2023 registered under Sections 21(b)/29 of the NDPS Act, corresponding to G.
R. Case No. 1305/2022 arising out of Bihpuria Police Station Case No. 221/2022 on or
before 16.10.2023.
13) In the event of his such presence before the learned Special Judge (NDPS),
Lakhimpur, North Lakhimpur in said Special (NDPS) Case No.21/2023, as directed
above, the said Court shall allow the petitioner Md. Farjul Haque to go on bail on
furnishing a bail bond of Rs. 1,50,000/- with two local sureties of the like amount each
to the satisfaction of the said learned Special Judge subject to the conditions that the
petitioner (i) shall not leave the territorial jurisdiction of the learned Special Judge
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(NDPS), Lakhimpur, North Lakhimpur, without obtaining prior written permission from
the said authority; (ii) shall appear and co-operate in the trial of the said Special
(NDPS) Case No.21/2023, during the trial of the said case and (iii) 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/her from disclosing such facts to the Court
or to any police officer.
14) Any violation of the aforesaid terms and conditions by the petitioner, named
above, the pre-arrest bail granted to him in said Special (NDPS) Case No.21/2023
registered under Sections 21(b)/29 of the NDPS Act, corresponding to G. R. Case No.
1305/2022 arising out of Bihpuria Police Station Case No. 221/2022 shall stand
automatically vacated.
15) With the above observation and direction, this pre-arrest bail application stands
allowed to the extent above.
JUDGE
Comparing Assistant
