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2025 DAILYLAW 13095 (GAU)

GOLAP HUSSAIN AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./1765/2025 · 2025-07-14

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010111062025 2025:GAU-AS:9122 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1765/2025 GOLAP HUSSAIN AND 2 ORS. S/O ABDUL JABBAR R/O VILL- KHANDAKARPARA, P.S. BARPETA, DIST. BARPETA, ASSAM 2: JYOTISH BASUMATARY S/O JALESWAR BASUMATARY R/O VILL NARAYANGURI P.S. GOSSAIGAO DIST. KOKRAJHAR ASSAM 3: HARI PRASAD CHETRY S/O SIBA CHETRY R/O VILL- SALPARA P.S. KRISHNAI DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 15.07.2025 Heard Mr. T. Chutia, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, who have been arrested in connection with Gorchuk P.S. Case No. 94/2025, under Sections 22(c)/25/29 of the NDPS Act, 1985. Mr. Sharma, learned Additional Public Prosecutor, submitted that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already laid charge-sheet in this case, vide Charge-Sheet No. 166/2025, dated 09.07.2025. In this context, Mr. Chutia, learned counsel for the petitioners, has submitted that the accused/petitioners are behind the bar for more than 112 days, though they are innocent and no way connected in the alleged offence. Further he submitted that the prime accused of the case has already been granted bail by this Court. Considering the submissions of learned counsel for both sides and also considering the fact that the case has already been charge-sheet, vide Charge- Page No.# 3/3 Sheet No. 166/2025, dated 09.07.2025, the accused/petitioners are hereby directed to approach the learned Trial Court with an appropriate application for bail, which shall be considered by the learned Trial Court in accordance with law. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant