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2025 DAILYLAW 12394 (GAU)

HASINA BEGUM v. THE STATE OF ASSAM

Bail Appln./1596/2025 · 2025-06-10

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010102422025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1596/2025 HASINA BEGUM W/O SAMIR SHEIKH D/O JAMILA BIBI PRESENTLY R/O SOLAPARA, NEAR SANKAR MADHAB MANDIR, P.S. PALTAN BAZAR, DIST. KAMRUP (M), ASSAM AND PERMANENT RESIDING OF VILL-KACHUAGAON, BAGMARI, P.S. BILASIPARA, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED, MR Z RAHMAN,N NATH,MR R A AHMED,MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.06.2025 Heard the learned counsel Mr. K Thakur appearing for the petitioner. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/2 2. This application has been filed under Section 483 of the BNSS, 2023 in respect of NDPS Case No. 08/2024 pending in the court of the learned Special (NDPS) Judge, Kamrup (Metro), Guwahati. 3. The name of the three accused persons are there in the charge sheet and one of them is the wife of the petitioner. The other two accused persons are in custody and they are regularly appearing before the Trial Court. But the present petitioner did not appear before the Trial Court. Therefore, the Trial Court issued NBWA against her. Therefore, she was arrested by police. 4. Mr. Thakur has submitted that the petitioner is more than 9 weeks pregnant and on that ground she has prayed for releasing her on bail and she has spent 53 days in judicial custody. 5. Mr. Parasar has objected to the prayer for bail on the ground that for the aforementioned reason the Trial Court could not proceed with the case. 6. I have considered the submissions made by the learned counsel of both sides. 7. This Court is of the opinion that since the petitioner is 9 weeks pregnant, her bail application is allowed. 8. It is hereby directed that the petitioner Hasina Begum, who is facing trial in respect of NDPS Case No. 08/2024 pending in the court of the learned Special (NDPS) Judge, Kamrup (Metro), Guwahati, shall be released on bail of ₹50,000/- with a surety of like amount to the satisfaction of learned Special (NDPS) Judge, Kamrup (Metro), Guwahati. 9. It is further directed that the petitioner will regularly appear before the Trial Court on each and every date of hearing of the case. It the petitioner fails to appear before the Trial Court, the Trial Court shall be at liberty to procure her attendance. The bail application is disposed of accordingly. JUDGE Comparing Assistant