Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 13050 (GAU)

HAZERA KHATUN v. THE STATE OF ASSAM

Bail Appln./1796/2025 · 2025-06-15

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010110552025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1796/2025 HAZERA KHATUN W/O MOFIZUDDIN R/O VILL- NAGABANDHA NIGAM P.S. LAHARIGHAT, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, A B T HAQUE,MR. L MOHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.06.2025 Heard the learned counsel Mr. J I Borbhuiya appearing for the petitioner. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023, whereby Page No.# 2/3 the petitioner, namely, Miss Hazera Khatun has prayed for releasing her on bail in respect of N.D.P.S. Case No. 08/2025 pending in the court of the learned Additional District and Sessions Judge No. 4, Morigaon. 3. Mr. Goswami has objected to this bail application on the ground that commercial quantity of prohibited substances were recovered from the possession of the petitioner. 4. 13 bottles of Codeine Phosphate & Triprolidine Hydrochlorine Syrup and 13 nos.Condom Packet (7 piece of BULL dotted condoms and 6 nos. Zaroor Condoms) were recovered from the possession of the petitioner. 5. The learned counsel for the petitioner submits that the petitioner is a woman having two minor children. The learned counsel for the petitioner further submits that the petitioner is in custody for the last 7 months. 6. Mr. Goswami has submitted that the Trial Court has examined 3(three) witnesses. According to Mr. Goswami there is no undue delay in the trial of the case. 7. I have considered the submissions made by the learned counsel of both sides. 8. The petitioner is a woman having two minor children. Moreover, she has been in judicial custody for the last 7 months. 9. This Court is of the opinion that these facts are sufficient enough to grant the bail prayer of the petitioner. 10. Considering that the petitioner is a women having two minor children vis-à-vis the period of detention undergone by the petitioner in judicial custody, this Court is of the opinion that the petitioner does not deserve to be detained in custody. 11. Therefore, the bail application of the petitioner is allowed. 12. It is hereby directed that the petitioner Miss Hazera Khatun, who were arrested in connection with N.D.P.S. Case No. 08/2025 (Laharighat P.S. Case No. 233/2024), shall be released on bail of ₹50,000/- with a surety of like amount to the satisfaction of learned Additional District and Sessions Judge No. 4, Morigaon. Page No.# 3/3 13. The petitioner shall regularly appear before the trial court. If she fails to appear on the date of hearing without showing satisfactory reasons, the Trial Court shall be at liberty to procure her attendance under due process of law. The bail application is disposed of accordingly. JUDGE Comparing Assistant