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2025 DAILYLAW 10776 (GAU)

PANKAJ SAIKIA AND ANR v. THE STATE OF ASSAM

Bail Appln./1148/2025 · 2025-04-21

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010078132025 2025:GAU-AS:4799 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1148/2025 PANKAJ SAIKIA AND ANR S/O LATE RUDRA KT. SAIKIA R/O HOUSENO.5,B/L -2, SEUJ MON PATH, P.S. DISPUR, GUWAHATI DIST. KAMRUP (M), ASSAM 2: JIAUUR RAHMAN S/O LATE JAINAL RAHMAN R/O VILL- FAKIRAGRAM P.O. AND P.S. FAKIRAGRAM DIST.KOKRAJHAR ASSAM PRESENT ADDRESS-LALMATI CHOWK P.S. BASISTHA DIST. KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T HUSSAIN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 22.04.2025 Heard Mr. T. Hussain, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, praying for grant of bail to the accused/petitioners, who have been languishing in jail hazot since 01.03.2025 in connection with Dispur P. S. Case No.177/2025 corresponding to G. R. No.1126/2025, registered under Section 21(b) of NDPS Act. 3. The Case Diary has been received and I have perused the same. 4. It is submitted by Mr. Hussain, learned counsel for the petitioners that the petitioners were arrested on 01.03.2025 in connection with this case and, since then, they have been in custody for the last 53 days. Thus, considering the length of their detention, it is prayed that they may be enlarged on regular bail. Furthermore, the Investigating Officer (I.O.) got sufficient opportunity for custodial interrogation during this period. Moreover, the petitioners are permanent residents of the stated locality, and there is no likelihood of their tampering with or hampering the evidence. They are also willing to cooperate with the I.O. in the further investigation of the case, if released on bail. 5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor, has submitted that sufficient incriminating material has been collected by the I.O. against the accused/petitioners. He further submitted that the case is still under investigation and that the Forensic Science Laboratory (FSL) report has not yet been received by the I.O. 6. Considering the submissions made by the learned counsels for both sides, I have Page No.# 3/3 perused the case record. Without delving into the merits of the case and taking into account the period of detention already undergone by the accused/petitioners, i.e., 53 days, I am of the view that the IO got ample opportunity to interrogate the accused/petitioners in custody. Accordingly, further custodial interrogation of the accused/petitioners seems not necessary in this case. 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, Pankaj Saikia and Jiauur Rahman, 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