Page No.# 1/3 GAHC010140362024 2025:GAU-AS:1488 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2071/2024 SHAMS UDDIN @ SAMS UDDIN S/O LT. ABDUL NOOR, R/O VILL- KHUDRAKANDI, P.O.-KALIGANJ, P.S.- KARIMGANJ, DIST-KARIMGANJ (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. NURUL HASSAN BARBHUIYA,MR F A LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.02.2025 Heard learned counsel, Mr S Munir, for the petitioner, Shams Uddin @ Sams Uddin, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail in connection with Special (NDPS) Case No. 60/2023, arising out of Karimganj PS Case No. 434/2023, under Sections 22(c)/25/29 of the NDPS Act. Page No.# 2/3 2. Heard learned Additional Public Prosecutor, Assam, Mr K K Parashar, appearing on behalf of the respondent 3. I have considered the submissions at the Bar with circumspection. 4. Learned Additional Public Prosecutor has raised serious objection stating that the length of detention of this case, cannot be a reason to grant bail to the petitioner, as the petitioner is booked under a serious offence and he was apprehended while he was in conscious possession of 1.573 kgs of Yaba Tablets. 5. The learned counsel for the petitioner has submitted that the petitioner is behind bars for 1 year and 8 months. Not a single witness has been examined so far. Trial has been procrastinated by the Court as well as by the prosecution. Charges are not yet framed. 6. It is further submitted that the petitioner has been regularly shifted to the Medical College, as he is a known patient of HIV (AIDS) and Tuberculosis. Medical Report was called for from the doctor and the doctor has submitted that the patient/petitoiner was continuously suffering from tuberculosis since 2024 and he is a patient with history of AIDS under medication since 27.09.2023. He was also shifted to ICU and 1 unit of blood was also provided to him. Thereafter, he is at present hemodynamically stable. 7. Learned counsel for the petitioner has also relied on the decision of a coordinate Bench of this Court in connection with Bail Application No. 850/2024, wherein vide order dated 29.07.2024, petitioner, Gapendra Das @ Dipak was granted bail as he was behind bars for 1 year 7 months, in connection with Special (NDPS) Case No. 169/2022. Page No.# 3/3 8. I have also scrutinized the medical documents related to the ailment of the petitioner. It appears that bail may be granted to the petitioner. 9. I have also considered the submission that the petitioner is willing to abide by any stringent bail conditions, if imposed upon him. 10. I have also considered the submission that the petitioner is a local resident and he is not a flight risk. 11. Considering all aspects, the petitioner is enlarged on bail of Rs. 1 lac with two suitable sureties of the like amount to the satisfaction of the learned Special Judge, Karimganj, under the conditions that- i) the petitioner shall cooperate with the trial, ii) the petitioner shall not leave the jurisdiction of the Court without prior permission, till completion of trial, and iii) the petitioner shall refrain from such activities with which he is alleged. 11.1. On breach of any of the conditions, bail order shall automatically stand cancelled. 12. Bail Application stands disposed of. JUDGE Comparing Assistant