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2024 Supreme(Gau) 990

KALYAN RAI SURANA
Abdul Salik And Anr S/O- Late Foizul Islam – Appellant
Versus
State Of Assam To Be Represented By The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr H R A Choudhury
For the Respondent: PP, Assam

ORDER :

HONOURABLE MR. JUSTICE KALYAN RAI SURANA

Heard Mr. A. Ahmed, learned counsel for the petitioners. Also heard Ms. S.H. Bora, learned Addl. P.P. for the State.

2. By this bail application filed under section 439 Cr.P.C., the petitioners, namely, (i) Abdul Salik, and (ii) Abdul Fatta, who are in custody since their arrest on 08.05.2022, in connection with Patharkandi P.S. Case No. 130/2022 under sections 21(C)/25/29 of the NDPS Act, 1985, is praying for bail. The said case is being tried as Karimganj Special (NDPS) Case No.74/2022.

3. It may be mentioned at the outset that in this application, the name of petitioner no. 2 is Abdul Fatta. In B.A. No. 3415/2023, his name is Abdul Fattha, but in the TCR, his name is written as Abdul Fattah.

4. The learned counsel for the petitioners had submitted that the petitioners have spent 656 days in custody as on today.

5. The prayer for bail by the petitioners has been rejected by this Court by order dated 14.11.2023, passed by this Court in Bail Appln. No. 3415/2023. Hence, this is the second bail application by the petitioners before this Court.

6. The learned counsel for the petitioners has submitted that as per his instructions, except for t

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