Page No.# 1/3 GAHC010083622025 2025:GAU-AS:6148 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1239/2025 SHARIFUL ISLAM ALIAS RABBUL S/O- LATE AMIR HUSSAIN, VILL- HAJIPARA, PS- HOWLY, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 16.05.2025 Heard Mr. H.A. Ahmed, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the BNSS, 2023, is preferred by accused namely, Shariful Islam @ Rabbul, who has been languishing in jail hazot in connection with Special NDPS Case No. 1/2024, under Sections 21(b)/29 of the NDPS Act (arising out of Howly P.S. Case No. 187/2023), Page No.# 2/3 pending before the Court of learned Special Judge (NDPS), Barpeta, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Mintu Kalita, on 05.11.2023. The essence of allegation in the FIR dated 05.11.2023, is that acting on a tip off, the informant had intercepted one vehicle, bearing registration No. AS-01-QC-9986, and apprehended two persons namely, Md. Rafikul Islam and Hanif Ali, and recovered one black plastic polythene containing four numbers of soap cases, containing suspected heroin. 4. Mr. Ahmed, the learned counsel for the accused submits that the accused was granted bail by this Court, vide order dated 08.01.2024, in Bail Appln. No. 51/2024 and thereafter, he was appearing continuously before the learned trial Court. Mr. Ahmed also submits that on 04.03.2025, the accused could not appear before the learned trial Court due to his illness and his engaged counsel also did not take any steps, for which the learned trial Court had issued non- bailable warrant of arrest against the accused, and on the strength of non- bailable warrant of arrest, he was arrested on 02.04.2025, and since then, he has been languishing in jail hazot for last 44 days. 5. To a pointed query of this Court, Mr. Ahmed, learned counsel for the accused submits that he has not submitted any medical documents in support of the ground that the accused was suffering from any illness. However, Mr. Ahmed submits that the accused will appear before the learned trial Court regularly, and as such, he may be allowed to go on bail. 6. Mr. Borthakur, learned Additional Public Prosecutor for the State respondent also submits that on account of default on 04.03.2025, the learned Page No.# 3/3 trial Court had issued non-bailable warrant of arrest against the accused and thereafter, he was arrested on 02.04.2025, and since then, he has been languishing in jail hazot and if enlarged on bail at this stage, then the trial may be delayed. 7. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the scanned copy of the record received from the learned trial Court. 8. To a further query of this Court, it is submitted at the bar that the learned trial Court, in the meantime, had examined five witnesses and the trial progressed considerably. 9. Taking note of the submissions of learned counsel for both the parties, and also considering the fact that he could not remain present in the trial Court on one date, and further considering period of detention of 44 days in jail hazot, and also the stage of trial, this Court is inclined to allow this petition. 10. It is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount, to the satisfaction of the learned Special Judge (NDPS), Barpeta, the accused be enlarged on bail. 11. The learned trial Court will be at liberty to impose any other conditions so as to ensure the presence of the accused during the course of trial. 12. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant