Page No.# 1/3 GAHC010143772025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2150/2025 BAKKAR ALI S/O LATE ASURUDDIN ALI R/O MUWATARI PT. 3, P.S. CHAPAR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.07.2025 1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Bakkar Ali, who has been detained behind the bars since 28.05.2025 (for last 51 days) in connection with Chapar P.S. Case No. 80/2025 Page No.# 2/3 under Sections 21(b) of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 27.05.2025, one M. Mili, SI of Police of Chapor Police Station had lodged an FIR before the Officer-in- charge Chapor Police Station, inter alia, alleging that an information was received from reliable sources that some persons who are dealing with narcotic substance will be coming to Arearjhar area and accordingly a search team was constituted. During search operation, two persons were apprehended including the present petitioner. It is further stated in the FIR that from the present petitioner, one plastic packet containing suspected NDPS drugs were recovered and nothing was recovered from the possession of the present petitioner. 4. The learned counsel for the petitioner has submitted that in this case the accusation is that 11 grams of suspected heroin weighed along with the plastic packets were recovered from the present petitioner. He submits that as the quantity of contraband recovered is of intermediate quantity and as the petitioner has been detained behind the bars for last 51 days, he may be allowed to go on bail. He also submits that, in the meanwhile, one of the co- accused, namely, Lokman Hussain, has already been granted bail by this Court in Bail Application No. 2129/2025 on 14.07.2025. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Chapar P.S. Case No. 80/2025 and has submitted that the investigation has fairly progressed and it is pending only for the receipt of the FSL report. 6. I have considered the submissions made by the learned counsel for both sides and have gone through the case diary which was produced by the learned Additional Public Prosecutor. Page No.# 3/3 7. Considering the progress made in the investigation as well as the period of detention already undergone by the petitioner, this Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of the aforesaid case. 8. Accordingly, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Special Judge, Bilasipara, Dhubri with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 9. This bail application is accordingly disposed of. 10. Send back the case diary. JUDGE Comparing Assistant