Page No.# 1/3 GAHC010103842024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1504/2024 GURDEEP SINGH S/O PREM SINGH RAINA, R/O RAINA NIWAS, 13/D-397, G.B.T. NAGAR, NEAR GURU NANAK HIGH SCHOOL, SION EAST, MUMBAI, MAHARASHTRA- 400037 VERSUS UNION OF INDIA REPRESENTED BY ITS STANDING COUNSEL, NCB. Advocate for the Petitioner : MR S DAS, MR D CHUTIA,R BARMAN,MR D J HALOI,G BORO,MR. S A HUSSAIN Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 27.06.2025 Heard Mr. D. Chutia, learned counsel appearing for the accused petitioner as well as Ms. M. Deka, learned counsel representing the NCB. By filing this petition under Section 439 Cr.P.C. the accused-petitioner, namely, Gurdeep Singh, has prayed for grant of bail in connection with NDPS Case No.43/2020 arising out of NCB Case No. 04/2020 under Section Page No.# 2/3 8(c),20(b)(ii)(C)/29 of the NDPS Act pending in the court of learned Additional Sessions Judge No.2, Kamrup (M), Guwahati. It is submitted by the learned counsel for the petitioner that the petitioner has already completed more than five years in judicial custody. Mr. Chutia has relied upon a judgment of the Supreme Court in Supreme Court Legal Aid Committee representing undertrial prisoners vs Union of India and others reported in (1994) 6 SCC 731 wherein in paragraph 15 (iii) it is stated that “where the under trial accused is charged with an offence(s) under the Act punishable with minimum imprisonment of ten years and a minimum fine of Rupees one Lakh, such an undertrial shall be released on bail if he has been in jail for not less than five years provided he furnishes bail in the sum of Rupees one lakh with two sureties of like amount”. Considering the aforesaid fact, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner, namely, Gurdeep Singh, shall be released on bail of Rs.1,00,000/- (Rupees One Lakh) with two suitable sureties of like amount to the satisfaction of learned Additional Sessions Judge No.2, Kamrup(M), Guwahati. The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall not leave the territorial jurisdiction of the learned trial court without prior written permission from him/her till disposal of the case. The learned Additional Sessions Judge No.2, Kamrup (M), Guwahati, is at liberty to impose any other condition(s) as it deems fit and proper at the time of Page No.# 3/3 releasing the accused/petitioner on bail to procure their attendance during trial. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant