ASHIDUR ISLAM @ ASHIDUL ISLAM v. THE STATE OF ASSAM
Bail Appln./1249/2025 · 2025-05-19
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11087 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11087 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1249/2025 ASHIDUR ISLAM @ ASHIDUL ISLAM S/O MD. FORHAD HUSSAIN R/OSIJUBARI, AK AZADPUR, P.S.HATIGAON,DIST.KAMRUP (M), PERMANENT ADDRESS R/O GOKULPUR, PURAN GAON, HATSINGIMARI, P.O. PIAZBARI P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M Z SHAH, MD P RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.05.2025
1. Heard learned counsel Mr. M. Z. Shah for the petitioner Ashidur Islam @Ashidul Islam.
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2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 30.03.2025 in connection with Basistha Police Station Case No. 187/2025 under Sections 20(b)(ii)(B)/29 of the NDPS Act.
3. Heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State.
4. Learned Additional Public Prosecutor has raised serious objection stating that this bail petition cannot be considered without perusal of the Case Diary.
5. I have considered the submissions at the Bar with circumspection.
6. It is submitted on behalf of the petitioner that the co-accused has already been enlarged on bail. It is submitted that the petitioner is booked with allegation of transporting 6.93 kgs of ganja which tantamounts to intermediate quantity.
7. It is also submitted that the petitioner is willing to co-operate with the remaining part of investigation. The petitioner is a local resident and he is not a flight risk.
8. Considering all aspects, the petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned Trial Court/Jurisdictional Court under the conditions that: (i) The petitioner shall co-operate with the remaining part of investigation, and (ii) The petitioner shall refrain from such activities with which he is alleged.
9. On breach of any of the bail conditions, the Court is at liberty to
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10. In terms of the above observation, Bail Application stands disposed of.
JUDGE Comparing Assistant