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2025 DAILYLAW 12446 (GAU)

DILWAR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./1562/2025 · 2025-06-11

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010102542025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1562/2025 DILWAR HUSSAIN S/O LATE ABDUL FATTAH VILL- PANIGHAT P.O.DUHALIA P.S. PATHARKANDI DIST. SRIBHUMI (KARIMGANJ),ASSAM PIN CODE-788724 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 12.06.2025 Heard Mr. J M Sulaiman, learned counsel for the petitioner. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 whereby the petitioner Dilwar Hussain has prayed for release on bail, who is facing trial in connection with Special (NDPS) Case No. 24/2020 pending in the court of the learned Special Judge, Cachar, Silchar. The petitioner was on bail and he was facing the trial. But on 07.12.2024 he could not appear in the trial court. Therefore, the trial court issued NBWA against the petitioner. Accordingly, the petitioner was arrested and remanded to custody. The petitioner submits that the entire incident took place because of communication gap between the petitioner and his lawyer. The learned Additional Public Prosecutor has raised objection to this application. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that the petitioner has been able to show a good ground to release on bail. Hence, the bail application of the petitioner is allowed. Accordingly, the petitioner Dilwar Hussain, who is facing trial in connection with Special (NDPS) Case No. 24/2020 pending in the court of the learned Special Judge, Cachar, Silchar is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Cachar, Silchar. The bail application is disposed of. JUDGE Comparing Assistant