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2025 DAILYLAW 10019 (GAU)

JAHIDUL ISLAM v. THE STATE OF ASSAM

Bail Appln./959/2025 · 2025-04-28

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/4 GAHC010065222025 2025:GAU-AS:5169 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./959/2025 JAHIDUL ISLAM S/O LALCHAN ALI R/O NO. 1 MASJID GALI,KATABARI P.O. GORCHUK, P.S.GARCHUK DIST. KAMRUP (M),ASSAM PERMANENT ADDRESS- VILL-KHARDHARA P.O.KHARDHARA, P.S. BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S AHMED, T UDDIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.04.2025 Heard Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Garchuk P.S. Case No. 65/2025, under Sections 21(b)/29 of NDPS Act. Case Diary has been received and I have perused the same. It is submitted by Mr. Ahmed, learned counsel for the petitioner, that the accused/petitioner is innocent and he is no way involved in the alleged offence. However, he got arrested on 02.03.2025 and for last 58 days, he has been in custody and thus, considering his length of detention, he may be enlarged on bail. He further submitted that it is a case of intermediate quantity and hence, the rigor of Section 37 NDPS Act will not follow in this case. Mr. Goswami, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present petitioner showing his direct involvement in the alleged offence. However, the I.O. could not collect the FSL Report till date. Page No.# 3/4 Considering the submissions made by the learned counsels for both sides, without going by the merit of the case and only considering the length of detention, I am of the view that the I.O. has got ample opportunity to interrogate the accused/ petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with 2 (two) sureties of like amount, provided that one surety has to be a government servant, to the satisfaction of the learned Special Judge, Kamrup(M), Guwahati, the accused/petitioner, namely, Jahidul Islam, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Kamrup(M), Guwahati, without prior permission. Page No.# 4/4 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant