Page No.# 1/3 GAHC010081172025 2025:GAU-AS:6658 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1215/2025 FAKRUL ISLAM S/O IDDRISH ALI R/OVILL-LOCHANABORI P.O. LOCHANABORI P.S. MOIRABARI DIST. MORIGAON, ASSAM PIN-782126 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A A DEWAN, MR A MALEK,S.D. AHMED,MR H A RASHID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26.05.2025 Heard Mr. H. A. Rashid, learned counsel for the petitioner as well as Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Fakrul Islam, son of Iddrish Ali, resident of village- Page No.# 2/3 Lochanabori, Police Station-Moirabari, District-Morigaon has filed this application under Section 483 BNSS, 2023 praying for his bail in Jagiroad Police Station Case No. 70/2025, corresponding to G.R. No. 406/2025, registered under Sections 21(b)/29 of the NDPS Act, 1985, in which, the petitioner was arrested on 28.03.2025 and is in custody since then. 3) Matter relates to recovery of 10 gms of suspected Heroin from the conscious possession of the petitioner. 4) On being enquired, Mr. P. Borthakur, learned Additional Public Prosecutor, Assam has submitted that as on date, FSL report is yet to be received, for which charge-sheet in said Jagiroad P.S. Case No. 70/2025 has not been filed in the case. 5) The petitioner, as on today has completed the statutory/mandatory period of 60 (sixty) days in custody in said Jagiroad P.S. Case No. 70/2025. 6) In view of the above, the petitioner is entitled for his default bail in said Jagiroad P.S. Case No. 70/2025. 7) Accordingly, the petitioner, namely, Fakrul Islam, son of Iddrish Ali is granted default bail in said Jagiroad P.S. Case No. 70/2025 on furnishing a bail bond of Rs. 50,000/- with two local sureties, each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Morigaon subject to the conditions that the petitioner — i) shall appear before the concerned Investigating Officer of said Jagiroad P.S. Case No. 70/2025, as and when he is required for necessary investigation of said Bongaigaon GRPS Case; ii) shall not leave the territorial jurisdiction of the Jagiroad Police Station without obtaining prior written permission from the learned Special Judge (NDPS), Morigaon; iii) shall not hamper with the investigation, or tamper with the evidence of the case; iv) 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 Page No.# 3/3 v) shall not indulge himself in any such criminal activities including possession or procurement, transportation and selling of any such NDPS items. 8) In the event charge sheet is filed against the petitioner, he shall appear before the learned Special Judge (NDPS), Morigaon in the concerned Jagiroad P.S. Case No. 70/2025, corresponding to G.R. No. 406/2025 and shall obtain regular bail from the said Court. Thereafter, he shall appear before the learned Special Judge (NDPS), Morigaon on the dates the said case is fixed, without fail, till the completion of the trial of the said case. 9) It is also made clear that in the event of filing of charge sheet against the petitioner in said Jagiroad P.S. Case No. 70/2025 and the petitioner prays for regular bail before the said Court, the Court of the learned Special Judge (NDPS), Morigaon shall be at liberty to consider such bail application of the petitioner in accordance with law, as it deems fit and proper, securing the presence/attendance of the petitioner during the trial of said Jagiroad P.S. Case No. 70/2025, corresponding to G.R. No. 406/2025 till its conclusion. 10) Violation of any of the aforesaid terms and conditions by the petitioner, namely, Fakrul Islam, son of Iddrish Ali the bail granted to him in said Jagiroad P.S. Case No. 70/2025 shall stand automatically vacated. 11) Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant