Page No.# 1/3 GAHC010090402025 2025:GAU-AS:6100 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1452/2025 USMAN ALI S/O- KUTUB ALI . R/O- VILL- NIZ KATIGORAH PART-I, PS- KATIGORAH, DIST- CACHAR (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. A R BHUYAN, MR S ABDULLAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 16-05-2025 Heard learned counsel Mr. A.R. Bhuyan for the petitioner Usman Ali, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 08.07.2023, in connection with Special (NDPS) Case No. 77/2023 arising out of Badarpur Police Page No.# 2/3 Station Case No. 171/2023 registered under Sections 22(C)/29 of Narcotic and Psychotropic Substances Act, 1985. 2. It is submitted on behalf of the petitioner that trial has not commenced despite submission of charge sheet as one co-accused is still absconding. It is submitted that another co-accused has been enlarged on bail in connection with Bail Application No. 1187/2025 vide order dated 08.05.2025 in Mujibur Rahman Vs. The State of Assam. 3. Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam, who has raised serious objection stating that the petitioner is a history sheeter with record of transportation of drugs. The petitioner was arrested on the basis of being involved in transportation of 432 grams of Yaba tablets and he is not entitled to bail considering the gravity of offence. 4. I have considered the submissions at the bar with circumspection. It is true that the petitioner is booked under a heinous offence and charge sheet has been laid against him but at the same time, it is also true that trial has been procrastinated. One co-accused is yet to be arrested and produced for trial. Ten prosecution witnesses are enlisted and culmination of trial appears to be remote. 5. I have considered the submission that the grounds of arrest were not communicated to the petitioner in a manner which the petitioner could understand the grounds for which he was forwarded to custody. 6. Considering all aspects, bail may be granted to the petitioner. Page No.# 3/3 7. The petitioner is hereby enlarged on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lac) with two local sureties of like amount to the satisfaction of the learned Trial Court under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial and, (iii) the petitioner shall not exercise threats to the witnesses or try to influence them. 8. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant