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2025 DAILYLAW 12448 (GAU)

MD. SAHID AHMED @ SAHID AHMED v. THE STATE OF ASSAM

Bail Appln./1553/2025 · 2025-06-09

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010102052025 2025:GAU-AS:7603 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1553/2025 MD. SAHID AHMED @ SAHID AHMED S/O- MONTAJ ALI. VILL.- NIZ HAFANIA. P.O.- AND P.S.- PATHARKANDI. DIST.- SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR H R CHOUDHURY, Z. HUSSAIN,MS G TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-06-2025 Heard learned counsel Mr. H.R. Choudhury for the petitioner Md. Sahid Ahmed @ Sahid Ahmed, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind Page No.# 2/3 bars since 10.11.2021 in connection with Special NDPS Case No. 96/2021 arising out of Patharkandi Police Station Case No. 450/2021 under Section 22(C) of Narcotic Drugs and Psychotropic Substances Act, 1985, pending in the Court of Addl. Sessions Judge, Sribhumi. 2. Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the petitioner that as a petitioner has been behind bars for 3 (Three) years 7 (Seven) months, his right to personal liberty has been curtailed as trial has been procrastinated by the Court as well as by the State as the last witness was examined on 13.09.2023 and thereafter, not a single witness has been examined. 4. Learned Additional Public Prosecutor Mr. P.S. Laskar has raised serious objection stating that six witnesses are enlisted as cited witnesses in the charge sheet. Four witnesses have already been examined. The case is at the fag end of trial and the petitioner is not entitled to bail at this stage. The petitioner has committed a heinous offence of transporting 8000 Yaba tablets. Peddling of drugs is a menace to the society which has destroyed many youths of this country. Deterrence is the rule of the day. 5. I have considered the submissions at a bar with circumspection. The petitioner has pledged to cooperate with the remaining part of trial. It is submitted that the petitioner is a local resident and he is not a flight risk. It is further submitted that the petitioner is a father of three children. He is 40 years and his family is in immense hardship due to the prolonged incarceration of the petitioner. Page No.# 3/3 6. It appears that bail may be granted to the petitioner. 7. Considering all aspects and the peculiar facts and circumstances of this case, the petitioner is 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 not leave the jurisdiction of the Court without prior permission till completion of trial, (ii) the petitioner shall refrain from such activities with which he is alleged and, (iii) the petitioner shall not exercise threats to the witnesses or shall not jump the bail. 8. On breach of any of the bail conditions, the jurisdictional Court is at liberty to cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. JUDGE Comparing Assistant