Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010088902025
2025:GAU-AS:6245
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1346/2025 ABUL ALI AND ANR S/O MEMBER ALI R/O NARAYANPUR,P.S.MUKALMUA DIST. NALBARI, ASSAM 2: ASHIMA BEGUM W/O ABUL ALI R/ONARAYANPUR
P.S.MUKALMUA DIST. NALBARI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR. D ZAKARIA Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.05.2025
Heard learned counsel Mr. S. Munir for the petitioners Abul Ali and Ashima Begum.
2. The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 29.03.2025 in connection with Mukalmua P.S. Case No.77/2025 under Section 21(b)/29 of NDPS Act, 1985.
3. Heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State.
4. It is submitted on behalf of the petitioners that the petitioners are willing to co-operate with remaining part of the investigation. They have already been behind bars for 51 days.
5. The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the case diary against the petitioners.
6. They have been apprehended while transporting 7.1 grams of heroin.
7. I have considered the submissions at the Bar with circumspection. I have also considered the submissions that the petitioners are willing to co- operate with the remaining part of the investigation.
8. The petitioners are local residents and they are not flight risk.
9. Considering all aspects, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- each with the suitable surety of like amount to the satisfaction of the learned Special Judge, Nalbari (NDPS)
Page No.# 3/3 under the conditions that:- (i) The petitioners shall refrain from such activities with which they are alleged. (ii) The petitioners shall not leave the jurisdiction of the Court without prior permission, and (iii) The petitioners shall not exercise threats to the witnesses or try to influence them.
10. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioners.
11. In terms of the above observation, the Bail Application stands disposed of. JUDGE Comparing Assistant