Page No.# 1/5 GAHC010172992025 2025:GAU-AS:11163 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2567/2025 NAJRUL ALI ALIAS JAHIDUL ISLAM SON OF SADEK ALI R/OIVLL- GAREMARI P.S. SARTHEBARI, DIST. BARPETA, ASSAM, PIN CODE- 781305. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. I HUSSAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 21.08.2025 Heard Mr. I. Hussain, learned counsel for the petitioner and Mr. K. K. Das, learned Addl. P.P., Assam for the State. Page No.# 2/5 2. By this application filed under Section 483 of the BNSS, 2023 the petitioner, viz., Najrul Ali @ Jahidul Islam has prayed for releasing him on bail in connection with NDPS Case No.14/2020 pending before the Court of learned Special Judge (NDPS), Nalbari under Sections 461/380 of the IPC read with Section 22(b) of the NDPS Act corresponding to Mukalmua P.S. Case No.555/2019. 3. The F.I.R. dated 30.11.2019 reveals that on the said day at around 6:30 p.m. the co-accused viz., Ajmat Ali was apprehended by the public when he tried to steal valuable articles from the house of the informant and when he tried to flee after committing the theft the public apprehended him and handed him over to the police. After the apprehension when the co-accused was searched, 3 strips of suspected drugs capsules were recovered from the possession of the co-accused. 4. On receipt of the said ejahar, the police registered the case under the relevant provisions of law. Thereafter, during investigation and on interrogation of the said co-accused the name of the present petitioner was stated by the co-accused and that both the accused were arrested in connection with the said case. 5. Mr. I. Hussain, learned counsel for the petitioner submits before this Court that the petitioner was released on default bail on 30.02.2020 but subsequently although it is alleged that he did not appear before the Trial Page No.# 3/5 Court after summons were issued to him, it is stated that the petitioner did not receive the summons as well as the warrants which were issued thereafter on the ground that his name was wrongly reflected in the said summons. The learned counsel submits that the accused is not Jahidul Islam but Najrul Ali and since the summons were issued in the name of Jahidul Islam, he neither received it nor he was aware of it. Further, the learned counsel submits that the petitioner was arrested on the strength of the non-bailable warrant of arrest on 26.09.2024 and that since the said date the petitioner has been inside the Jail. 6. Mr. K. K. Das, learned Addl.P.P, Assam, however, submits by perusal of the Case Diary that the petitioner was very well known as Jahidul Islam as could be reflected from the orders and submitted that the petitioner was released on default bail and thereafter, he did not appear in spite of the knowledge of the summons as well as warrant of arrest. He also submits that there is nothing on record to show that the petitioner’s name was wrongly reflected during the proceedings and he was known as Jahidul Ali since day 1 (one) and the said ground was not taken when he was arrested in the first occasion. 7. I have heard the learned counsel for the parties and have perused the records. 8. It is noticed that the contrabands were recovered from the co- Page No.# 4/5 accused. He was arrested and that the name of the petitioner was taken by the co-accused during his interrogation. However, no contrabands were recovered from the petitioner. It is also noticed that the petitioner has been inside the Jail for 11 months. In view of the fact that no materials were recovered from the petitioner and that his name was taken only by the co-accused, this Court finds it fit to release the petitioner on bail on furnishing a bail bond of Rs.20,000/- with two sureties of the like amount to the satisfaction of the learned Special Judge (NDPS), Nalbari under the following conditions. 9. It is observed that the petitioner after obtaining the default bail had absconded himself and was re-arrested on the strength of the NBWA issued by the concerned Court and as such strict conditions are required to be imposed on the petitioner and in violation of any of the conditions, the Trial Court will be at liberty to cancel the bail forthwith. 10. The conditions are as follows :- (1) That the petitioner will appear before the learned Trial Court positively at 10:00 a.m. on the date he was called. (2) That the petitioner would not tamper with the evidence or influence any of the witnesses connected with the case. (3) That the petitioner will not indulge in any illegal activities Page No.# 5/5 himself or in the company of the co-accused. 11. The Bail Application stands disposed of. JUDGE Comparing Assistant