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2025 DAILYLAW 12463 (GAU)

ABDULLAH AHMED v. THE STATE OF ASSAM

Bail Appln./1634/2025 · 2025-06-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010103202025 2025:GAU-AS:7177 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1634/2025 ABDULLAH AHMED SON OF LT KUTUB UDDIN, RESIDENT DHAKAIYABASTI, P.S. DHING, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, GOVT. OF ASSAM Advocate for the Petitioner : DARAK ULLAH, MR M RAHMAN,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.06.2025 1. Heard Mr. S. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Abdullah Ahmed, who is facing trial in Special (NDPS) Case No. 50(N)/2024, pending in the Court of the learned Special Page No.# 2/2 Judge, Nagaon, praying for releasing him on bail. 3. The prosecution story is that on the day of occurrence, at about 4PM, illicit narcotic drugs were recovered from a car belonging to the petitioner. The prosecution side examined 2(two) witnesses, who are shown to be seizer witnesses, they failed to support the prosecution story, even the car from where the alleged narcotic drugs were recovered was not seized. 4. Mr. Parasar, learned Additional Public Prosecutor submits that though the 2(two) persons were already examined, they did not support the prosecution story, there is possibility that other remaining 4(four) witnesses might support the story. 5. I have considered the submissions made by learned counsel for both the sides. 6. This Court is of the opinion that at this stage the petitioner does not deserve to be detained in custody for further period of time. 7. The bail application of the petitioner is allowed. 8. The petitioner, Abdullah Ahmed shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Nagaon. 9. With the aforesaid direction, the present bail application stands disposed of. JUDGE Comparing Assistant