Page No.# 1/3 GAHC010074612025 2025:GAU-AS:4804 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1074/2025 ASHADUL HOQUE S/O. ATOWAR RAHMAN, R/O. VILL. ADITPUR, P/S. KALGACHIA, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N AHMED, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR. N J DUTTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-04-2025 Heard Mr. N.J. Dutta, the learned counsel for the petitioner and also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 08.03.2025 in connection with Kalgachia P.S. Case No. 26/2025 u/s 21(b) of the Narcotic Drugs Psychotropic Substances Act, 1985. 3. Case Diary is received. Perused the same. 4. It is submitted by Mr. Dutta, the learned counsel for the petitioner that the case is of intermediate quantity and the alleged recovery of the contraband is of 19 grams, which falls within the intermediate quantity. Further he submitted that the accused/petitioner is behind the bars since last 46 days and considering his length of detention, he may be released on bail. However, the present accused/petitioner is ready and willing to extend cooperation in further investigation of the case, if he is allowed to go on bail. 5. Mr. Borthakur, the learned Additional Public Prosecutor submitted that there are sufficient materials against the present accused/petitioner. However, the Investigating Officer could not collect the FSL report till date. Mr. Borthakur accordingly raised objection and submitted that considering the materials available in the Case Diary, the prayer for bail may not be considered. 6. Considering the submissions made by learned counsel for both sides, without going into the merit of the case and considering the length of detention already undergone by the accused/petitioner, it is found that the Investigating Officer has got considerable period for his custodial interrogation and I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 7. Accordingly, the accused/petitioner is released on bail on furnishing a bond Page No.# 3/3 of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge (NDPS), Barpeta. The accused/petitioner, namely Ashadul Hoque, 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, threaten 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 (NDPS), Barpeta without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant