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2025 DAILYLAW 10638 (GAU)

KABIL HUSSAIN v. THE STATE OF ASSAM

Bail Appln./1104/2025 · 2025-05-14

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010075722025 2025:GAU-AS:6044 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1104/2025 KABIL HUSSAIN S/O PAKHI MIA R/O SAYEDPUR , PO JAGANNATHI , PS KARIMGANJ , SHRIBHUMI , ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 15.05.2025 Heard Md. I. H. Laskar, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant Page No.# 2/3 of bail to the accused/petitioner, who has been arrested in connection with Karimganj P.S. Case No. 703/2024, under Sections 21(c)/25/29 of NDPS Act, 1985. The case was fixed today for production of the Case Diary, but it is submitted by Mr. Goswami, learned Additional Public Prosecutor, that the case has already been charge-sheeted, vide Charge-Sheet No. 147/2025, dated 30.04.2025. In this context, Mr. Laskar, learned counsel for the petitioner, submitted that in the present case, he also raised the issue of non-furnishing of grounds of arrest to the present petitioner while he was arrested in connection with this case. Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been charge-sheet, vide Charge- Sheet No. 147/2025, dated 30.04.2025, the accused/petitioner is hereby directed to appear before the learned Court below with an appropriate application for bail, which shall be considered by the learned Trial Court in accordance with law. Further, considering the submission made by the learned counsel for the petitioner, the petitioner is at liberty to take the plea of non-furnishing of grounds of arrest before the learned Trial Court while preferring application for bail before the learned Trial Court. Page No.# 3/3 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant