Page No.# 1/4 GAHC010157952025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2304/2025 MUSTT MALEKA BIBI W/O MOHIBUL SHEIKH R/O NIJ CHINTAPUR, P.O. DURGAPUR, P.S. BERHAMPUR DIST. MURSHIDABAD, WEST BENGAL-742187. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MR. O ULLAH,MR. A S TAPADER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29.08.2025 1. Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard 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, Musstt. Maleka Bibi, who has been detained behind the bars since 28.08.2024 (for last 365 days) in connection with Sessions (Special) Case Page No.# 2/4 No. 352/2011 under Sections 20(b)(ii)(B) of the NDPS Act, 1985 which is presently pending before the Court of the learned Special Judge (NDPS), Kamrup(M). 3. The gist of accusation in this case is that the petitioner was facing trial before the Court of the learned Special Judge (NDPS), Kamrup(M) in Sessions (Special) Case No. 352/2011 on the accusation of having possession of 15 Kgs of Ganja on 23.07.2011 which was recovered by the officials of GRPS during surveillance duty. 4. The learned counsel for the petitioner has submitted that the charge- sheet was filed after completion of the investigation against two accused persons i.e., the present petitioner and one Samiran Bewa. The learned counsel for the petitioner has submitted that the petitioner was earlier granted bail by a Co-ordinate Bench of this Court on 19.10.2011, however, later on she defaulted and she was again arrested on 28.04.2024 and has completed one year in custody. 5. The learned counsel for the petitioner has submitted that in the meanwhile the co-accused Samiran Bewa who faced the trial has been acquitted by the Trial Court. The learned counsel for the petitioner submits that the petitioner though a resident of West Bengal in the district of Murshidabad has immovable property there and she would not jump bail. Hence, it is prayed that she may be allowed to go on bail in this case. 6. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the petitioner on the ground that she was earlier granted bail, however, she jumped bail and, therefore, she is unlikely to co- operate in the further trial and as she is a resident of a different State, it would Page No.# 3/4 be difficult to procure her attendance in the trial. 7. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record. 8. The petitioner was arrested along with Samiran Bewa who has already been acquitted by the Trial Court. 9. Considering the fact that the petitioner was appearing before the Trial Court, however, after COVID-19 pandemic due to communication gap, she was not able to contact her engaged counsel and, therefore, she defaulted in appearing before the Trial Court and also considering the fact that the petitioner has been detained behind the bars for last than 365 days, this Court is of considered opinion that if the petitioner co-operates in the trial her custodial detention may not be necessary for fair completion of the trial. 10. In view of the above, the petitioner, namely, Musstt. Maleka Bibi 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 Trial Court with following conditions:- i. That the petitioner shall co-operate in the trial of Sessions (Special) Case No. 352/2011 pending before the Court of the learned Special Judge (NDPS), Kamrup(M); ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. 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 before the Trial Court in the trial pending against the present petitioner; Page No.# 4/4 iv. That the petitioner shall provide her contact details including photocopies of her Aadhar Card or Driving License or PAN card as well as, mobile number, and other contact details before the Trial Court; v. That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit her leave address and contact details during such leave before the Trial Court; and vi. That the petitioner shall not commit any offence while on bail. 11. This bail application is accordingly disposed of. JUDGE Comparing Assistant