Billal Hossain And ANR v. The State Of Tripura

Case No :BA 0000129/2015 Party Name : BILLAL HOSSAIN AND ANR Vs THE STATE OF TRIPURA HONBLE THE CHIEF JUSTICE DEEPAK GUPTA This is an application for grant of bail filed by the accused petitioners namely Billal Hossain and Abdul Haque in connection with Kamalpur Police Station Case No.2015KMP047 registered on 05/07/2015 against the petitioners under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

Earlier also these 2(two) accused petitioners have moved a bail application which was rejected mainly on the ground that they were involved in other criminal cases and, therefore, the benefit of bail should not be given to them. The relevant portion of the earlier order reads as follows: "As far as Billal Hossain and Abdul Haque are concerned, from the record I find that already there are two cases pending against Billal Hossain and one case pending against Abdul Haque. They must have been released on bail even in the earlier cases and, therefore, I am not inclined to grant them bail in the present petition. The bail applications filed by Billal Hossain and Abdul Haque are rejected."

I have perused the report submitted by the Sub-Inspector of police in which he has now mentioned that as far as Billal Hossain is concerned, he is the main accused in KLC Police Station Case No.58 of 2014 registered on 04.09.2014 under Sections 457/380/34 IPC and in this case charge sheet has been submitted against him. As far as Abdul Haque is concerned, there is one case registered against him under Sections 341/326/506 in KLC Police Station Case No.60 of 2014 in which charge sheet has been filed. Another case, is Case No.76 of 2014, dated 13/12/2014 under Section 307 read with Section 34 IPC in which also charge sheet has been filed. There is a third case pending against him in KLC Police Station case No.03 of 2015 dated 12.01.

2015 under Sections 417/420/120(B) read with Section 34 IPC in which also charge sheet has been submitted against him.

I am not taking into consideration the other police reports but in 3(three) cases charge sheets have been submitted and, therefore, I am not inclined to grant bail. As far as Abdul Haque is concerned, his bail is rejected but as far as Billal Hossain is concerned though his bail is rejected, he is given liberty to approach this Court after 2(two) months.

Download Date: 8-05-2017 16:05 1/1