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2025 DAILYLAW 10539 (GAU)

SRI SALAM UDDIN AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./1120/2025 · 2025-04-28

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010074782025 2025:GAU-AS:5173 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1120/2025 SRI SALAM UDDIN AND 2 ORS. S/O-FAIJAL HOQUE @ FOYJAL HOQUE,R/O-BLOCK NO.10 N.C, MAJERCHAR,P.O-MAJECHAR,P.S-DHUBRI (SADAR),DIST-DHUBRI,PIN- 783325 2: FULCHAN ALI @ PHULSAN ALI S/O-LATE FALU SHAEIKH ALIAS PHALU SHEIKH R/O-BLOCK NO.10 N.C MAJERCHAR P.O-MAJECHAR P.S-DHUBRI (SADAR) DIST-DHUBRI PIN-783325 3: SRI SAIJUDDIN PARAMANI @ SAIJUDDIN PRAMANIK S/O- HUSSAIN ALI R/O-BLOCK NO.10 N.C MAJERCHAR P.O-MAJECHAR P.S-DHUBRI (SADAR) DIST-DHUBRI PIN-78332 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, Ms. R. R. BORAH Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 29.04.2025 Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This application filed under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, who have been languishing in jail hazot since 09.03.2025 in connection with Dispur P. S. Case No. 206/2025, registered under Sections 21(b)/29 of NDPS Act corresponding to G.R. Case No.1275/2025. 3. The updated Case Diary as called for, has already been received, however, it is submitted by Mr. Goswami, learned Additional Public Prosecutor that the FSL report is yet to be collected by the IO. 4. In this context, Mr. Karim, learned counsel for the petitioners has submitted that the present petitioners have been behind bars for the last 51 days, and thus, considering their length of detention, they may be enlarged on bail. He further submitted that this is not a case of commercial quantity and hence, the rigor of Section 37 of NDPS will also not follow and also the Investigating Officer (I.O.) got sufficient opportunity to interrogate the petitioners while keeping them custody. He further submits that the petitioners are ready and willing to cooperate with the I.O. in the further investigation of the case, if the privilege of bail is granted to them. 5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, submits that although the updated case diary has been received, it does not contain the FSL Page No.# 3/3 report. Therefore, the said FSL report is yet to be collected by the IO. 6. Having heard the submissions made by the learned counsels for both sides, and also considering the fact that the FSL report is yet to be collected by the IO, I find that there may not be a possibility of filing the charge sheet within the statutory period by the I.O. Therefore, without going into the merits of the case, the accused/petitioners are granted the privilege of regular bail. 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, Kamrup (M), the accused/petitioners, namely, 1. Sri Salam Uddin, 2. Sri Fulchan Ali @ Phulsan Ali and 3. Sri Saijuddin Paramani @ Saijuddin Pramanik, 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 required; (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 them 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, Kamrup (M), without prior permission. 8. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant