Habibur Rahman v. Officer-in-Charge of Irilbung Police Station & Ors.

2. The Investigating Officer (IO) of the FIR No.7(1) 2022 IBG PS u/s 21(c)/29/60(3) ND & PS Act, Irilbung Police Station, PO Singjamei & PS Irilbung, Imphal East District, Manipur. .... Respondent/s BEFORE HON’BLE MR. JUSTICE MV MURALIDARAN

08.06.2022 The petitioner who is an accused in FIR No.07(01)2022 IBG Police Station for offence u/s 21(c), 29 & 60(3) of the ND&PS Act on the file of the Respondent, Irilbung Police Station. On the basis of registration of the FIR, he was arrested on 16.01.2022 and from that day onwards, he is in judicial custody, has approached this Court and filed the present bail application seeking the bail to the petitioner. [2] Mr. Juno Rahman, learned counsel for the petitioner argued the case that this petitioner is not directly involved in the offence as alleged by the petitioner. Being a friend of the co-accused by namely, Md. Nashir and he was financed a sum of Rs.2,00,000/- (Rupees two lakhs) only to him as he requested him for his urgent business purpose and without knowing the real business run by the said Md. Nashir. [3] When on 16.01.2022, the petitioner was stay inside of his house the co-accused Md. Nashir was standing outside and called this petitioner to come outside and because of the friend has called, the petitioner came outside and got shocked that the said Md. Nashir was standing with the Police Personnel attached to the respondent Porompat Police Station and the petitioner was arrested on the allegation that the said Md. Nashir along with this petitioner were transported the drugs and based on the statement of the co-accused Md. Nashir, an FIR was filed and the petitioner was remanded in judicial custody. [4] The petitioner is totally innocent since there is no bad antecedent against this petitioner and being a family man, he is having wife with 3(three) children aged about 7 years, 4 years and 7 months respectively and running his family by doing decent business and because of being a friend with Md. Nashir and helping him by way of financially, he was falsely implicated in this case and nothing has been recorded from the petitioner. [5] Though the petitioner was arrested on 16.01.2022 and from that day onwards, he is in judicial custody till date, i.e., almost 5(five) months and now the entire investigation was completed by the respondent police and the charge-sheet is yet to file before the Court concerned. [6] Therefore, Mr. Juno Rahman, learned counsel for the petitioner represented that being an innocent and not involved in the offence and only based on the statement of the co-accused Md. Nashir, the petitioner’s name was falsely implicated in this case and he was arrested and he is in judicial custody for almost 5(five) months. Since the entire investigation was completed, there is no question of tampering or hampering the witnesses by the petitioner. The whole family members of the petitioner consisting of wife and 3(three) children aged about 7 years, 4 years and 7 months are suffering more since the petitioner is the only bread earner of this family. Therefore, this petitioner is ready to co-operate with the investigation and ready to furnish any sureties as directed by this Court and prayed this Court to grant bail to the petitioner. [7] On the other hand, Mr. Y. Ashang, learned PP argued the case that the petitioner is involved in the offence u/s 21(c), 29 & 60(3) of the ND&PS Act on the file of the Respondent Police, Irilbung Police Station which was serious in nature and he was arrested based on the statement given by the co-accused, Md. Nashir since he is involved in this offence and the petitioner is in judicial custody from 16.01.2022. [8] Mr. Y. Ashang, learned PP also further argued that it is admitted fact that the entire investigation was completed and the respondent police are preparing to file the charge-sheet before the Court concerned and he is strongly opposing for granting bail to this petitioner at this stage because if he will grant bail, then the petitioner will be absconded and cannot be rescued. Because of long-incarceration of the petitioner, he is not entitled to get bail since the offence registered against this petitioner is serious in nature. [9] Heard the argument of both the counsels and also perused the records. [10] Admittedly, the petitioner was arrested on 16.01.2022 and he is in judicial custody for almost 5(five) months. The case of both the petitioner as well as the respondent is that that the entire investigation was completed and charge-sheet is likely to be filed within a short period. [11] Therefore, without going into the merits of the case, considering the long incarceration of the petitioner for the past 5(five) months and the entire investigation was completed and if this Court is inclined to consider the case of the petitioner for granting bail, nothing harm to the Respondent police. [12] Accordingly, I am inclined to pass the following orders:- a) the bail application is allowed; b) the petitioner is directed to be released on bail on executing surety for a sum of Rs.50,000/- (Rupees fifty thousand) only with 2(two) sureties like sum to the satisfaction of the Ld. Special Court (NDPS), Manipur; c) the petitioner is directed to report before the Respondent Police for a period of 15(fifteen) days daily at 10.00 a.m. and thereafter, as and when required; d) the petitioner is directed to co-operate with the investigation till the filing of the charge-sheet and thereafter, regularly to appear every hearing before the Court for trial of the case without fail; e) the petitioner should not leave the jurisdictional Court without the permission of the Ld. Special Court (NDPS), Manipur f) if any condition is violated by the petitioner, the respondent police is open to approach this Court for cancellation of bail. JUDGE - Larson