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2025 DAILYLAW 10173 (GAU)

BINIT MAJUMDAR AND ANR v. THE STATE OF ASSAM

Bail Appln./1029/2025 · 2025-05-12

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010069452025 2025:GAU-AS:5850 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1029/2025 BINIT MAJUMDAR AND ANR SON OF SRI SUSHANTA MAJUMDAR R/O VILL- KRISHNANAGAR, P.S.HOJAI, DIST.HOJAI, ASSAM 2: BAPON MAJUMDAR SON OF LATE BASU MAJUMDAR R/O VILL- KRISHNANAGAR P.S.HOJAI DIST.HOJAI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. JUNM LASKAR, MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 13-05-2025 Page No.# 2/3 Heard Mr. J. Laskar, the learned counsel for the petitioners. Also heard Ms. N. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the present accused/petitioners, who have been arrested in connection with Hojai P.S. Case No. 70/2025, corresponding to G.R. No. 239/2025, under Section 22(b)/29 of NDPS Act. 3. Case Diary has been received and I have perused the same. 4. It is submitted by Mr. Laskar, learned counsel for the petitioners, that the present accused/petitioners were arrested in connection with this case on 12.03.2025 and thus their statutory period in the jail hazot completed. But, till date the I/O could not file the charge-sheet and hence they are entitled for default bail. 5. Ms. Das, the learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the petitioners in the case record. She further submitted that the FSL report is not yet collected by the I/O and on enquiry made by her, it is intimated by the I/O that the charge- sheet is yet to be filed in connection with this case. Page No.# 3/3 6. In view of this, without going into the merit of the case, only considering the length of detention of the accused/petitioners, I find it a fit case to extend the privilege of bail to the accused/petitioners. 7. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned Special Judge, Sankardev Nagar, Hojai, the accused/petitioners, namely, (i) Binit Majumdar & (ii) Bapon Majumdar, be enlarged on bail, subject to the following conditions: (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioners 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 petitioners shall not leave the jurisdiction of the learned Special Judge, Sankardev Nagar, Hojai, without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant