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2025 DAILYLAW 13102 (GAU)

JILAL ALI v. THE STATE OF ASSAM

Bail Appln./1742/2025 · 2025-06-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010111822025 2025:GAU-AS:7967 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1742/2025 JILAL ALI SON OF SAMAD ALI R/O VILL- CHATIA P.S. SARTHEBARI, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.06.2025 1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, whereby the petitioner Jilal Ali as prayed for releasing him on bail after he was arrested in respect of S P. Sarthebari P. S. Case No.64/2025. 3. Three persons were arrested by Police for possession of 5.300 gm of suspected Heroin. Individually, 3 gm of Heroin was recovered from the present petitioner. 4. Learned counsel for the petitioner has submitted that the petitioner is a drug addict, he has already spent 32 days in Judicial Custody. 5. Learned counsel for the petitioner submits that the period of detention already undergone by the petitioner shall be taken as a ground for releasing him on bail. 6. Ms. Das, learned Additional Public Prosecutor has submitted that he is a habitual offender in these type of offences. 7. I have considered the submissions made by learned counsel for both the sides. 8. This Court is of the opinion that the period of detention already undergone by the petitioner deserves to be taken as a ground for releasing him on bail 9. Therefore, the bail application of the petitioner is allowed. 10. The petitioner, Jilal Ali, who arrested in connection with Sarthebari P. S. Case No.64/2025, shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Barpeta. Page No.# 3/3 11. The bail application stands disposed of, Case Diary shall be returned. JUDGE Comparing Assistant