Page No.# 1/3 GAHC010117052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1817/2025 HANIF ALI S/O KAMAL UDDIN VILL- HAIPARA P.O. JASHIHATIPARA P.S. HOWLY DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,DR. R HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 11.06 . 2025 1. Heard Mr. R. Ali, learned counsel for the petitioner Hanif Ali, who has filed this bail application under Section 483 of BNSS, 2023, with prayer for bail as he was absent 1 (one) day and thereafter NBWA was issued against him on the strength of which he was behind the bars since 02.04.2025 in connection with Special NDPS Case No. 01/2024 (arising out of Howly P.S. Case No. 187/2023) Page No.# 2/3 under Sections 21(b)/ 29 of NDPS Act, pending in the court of the learned Special Judge, Barpeta. 2. The scanned copy of the trial court record is received and perused. 3. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. 4. It is submitted that on 04.03.2025 all the accused persons were absent and the advocate for the accused persons was present but no steps were taken on behalf of the accused persons. 5. The learned trial court has observed that 1 (one) witness was present but could not be cross-examined owing to the absence of the accused persons and thereafter, NBWA was issued. On the strength of the NBWA, the petitioner was arrested on 02.04.2025 and since then the petitioner has been behind the bars. 6. It is submitted that the petitioner is willing to cooperate with the trial and the trial court record reveals that the petitioner was absent only for 1 (one) day. 7. The learned Addl. P.P. has submitted that the trial court record reveals that the petitioner was absent without steps on several dates and the learned trial court was pleased to issue NBWA against the petitioner. 8. I have scrutinized the trial court record. 9. I have considered the submissions at the bar with circumspection. 10. It appears that bail may be granted to the petitioner subject to the condition that the petitioner may cooperate with the trial. 11. Considering entire aspect of the matter, petition is allowed. 12. In view of the above and considering the entire aspect of the matter, the petitioner named above shall be enlarged on bail on furnishing a bond of Rs. Page No.# 3/3 50,000/- with a suitable surety of like amount to the satisfaction of the learned trial court in connection with the aforesaid case under the following conditions that:- (1) the petitioner shall refrain from such activities with which he is alleged, (2) the petitioner shall not jump the bail and shall appear before the trial court on each and every date and cooperate in the trial, (3) the petitioner shall not leave the jurisdiction of the trial court till completion of trial without prior permission from the Court. (4) On breach of any of the conditions, the jurisdictional court shall be at liberty to immediately cancel the bail granted to the petitioner. 13. The bail application stands disposed. JUDGE Comparing Assistant