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./1316/2025 CHOTU KUMAR AND ANR S/O- SUMANGAL SINGH, VILL-HOKSAKALYAN, P.S. DESARI DIST. BAISAHALI, STATE- BIHAR.
2: RAJA BABU @ RAJA KUMAR S/O LATE SANKAR SINGH VILL-JAFRABAD P.S. DESARI DIST. BAISAHALI STATE-BIHAR VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K MIRA, MR. H A TALUKDAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 30-04-2025
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Heard Mr. K. Mira, the learned counsel for the petitioners and also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing on behalf of the State respondent.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 20.01.2025 in connection with Badarpur G.R.P.S. Case No. 03/2025 u/s 21(b)/29 of NDPS Act, 1985 corresponding to G.R. Case No. 111/2025.
3. It is submitted by Mr. Mira, the learned counsel for the petitioners that the accused/petitioners got arrested in connection with this case on 20.01.2025 and as on today they has completed their statutory period of 60 days. But, till date the I/O failed to furnish the charge-sheet.
4. In this context, Mr. Goswami made an enquiry in regard to submission of charge-sheet by the I/O and as per instruction; the charge-sheet is not yet prepared and filed.
5. So without going into detail of the merit of the case, only considering the length of detention, I find it proper to extend the privilege of bail to the present petitioners.
6. Accordingly, the accused/petitioners are released on bail 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, Cachar, Silchar. The accused/petitioners, namely [1] Chotu Kumar and [2] Raja Babu @ Raja Kumar, 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;
Page No.# 3/3 (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the
facts of the case so as to dissuade him 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, Cachar, Silchar without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant