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2025 DAILYLAW 17516 (GAU)

UMAKANTA KALITA ALIAS UMA KT KALITA ALIAS MAINA KALITA v. THE STATE OF ASSAM

Bail Appln./2600/2025 · 2025-08-27

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010179372025 2025:GAU-AS:11520 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2600/2025 UMAKANTA KALITA ALIAS UMA KT KALITA ALIAS MAINA KALITA S/O- SABHAI KALITA ALIAS SAVAI KALITA R/O- VILL MAKRACHUK,P.S- DHAKUAKHANA,DIST-LAKHIMPUR,ASSAM, PIN-787055 VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. K R PATGIRI, MS. D. DEVI,MR. B GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.08.2025 Heard Mr. K.R. Patgiri, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused/petitioner namely Umakanta Kalita @ Uma Kt. Kalita @ Maina Kalita, in connection with Special (NDPS) case No. 28/2023 arising out from Dhakuakhana P.S. Case No. 56/2023 under Section 20(C)/29 of NDPS Act, 1985. 3. The allegation against the accused/petitioner is that 22 kgs of ganja is recovered from the house of the petitioner which amounts to commercial quantity. During investigation, charge-sheet was submitted showing the accused/petitioner absconding, while the wife and sister of the accused/petitioner were in custody. Subsequently, the person accused voluntarily appeared before the learned Trial Court, whereafter he was arrested and sent to custody. 4. Earlier, the bail application of the present accused was rejected by the order dated 22.05.2024 in Bail Application No. 498/2024 and in the said order, direction was made to expedite the Trial. The TCR reveals that subsequent to the said order, 16 witnesses have been examined and only one witness remains to be examined. Hence, it appears that the order of this Court has been duly complied with by the learned Trial Court and the Trial is almost at the stage of conclusion. 5. Therefore, having regard to the materials available on record and also considering the progress of the Trial, no case for grant of bail at this stage is made out, having regard to the provisions of Section 37 of NDPS Act and the directions of the Hon’ble Supreme Court in this regard. 6. Consequently, the prayer for bail stands rejected. Page No.# 3/3 7. The Bail Application stands accordingly disposed off. JUDGE Comparing Assistant