Page No.# 1/3 GAHC010187992024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2776/2024 JABRUL HOQUE S/O ABDUL KADIR, VILL- MANUSYAPUR, P.O.-VETERBOND, P.S.- RATABARI, DIST-KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, K MAINUDDIN,S. TALUKDAR,A S PRODHANI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.01.2025 Heard Mr. HR Choudhury, learned counsel appearing for the petitioner as well as Mr. D. Das, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Jabrul Hoque has prayed for releasing him on bail, after he was arrested in connection with Special NDPS Case No. 154/2022 pending in the court of learned Special Judge, Karimganj. Page No.# 2/3 3. Mr. Choudhury has submitted that the petitioner was arrested on 18.10.2022 and the other co- accused had already been released on bail. According to Mr. Choudhury, only 2 witnesses, out of 21 cited witnesses have been examined by the prosecution side. Mr. Choudhury has relied upon a decision of the Hon’ble Supreme Court that was delivered in Special Leave to Appeal (Crl.) No. 4648/2024 (Ankur Chaudhary Vs. State of Madhya Pradesh), wherein it has been stated that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental rights guaranteed under Article 21 of the Constitution of India, and as such, the conditional liberty overriding the statutory embargo created under Section 37 (1) (b) of the NDPS Act, may, in such circumstances be considered. 4. Mr. Choudhury further relied upon another judgment of this Court in Harish Mia @ Harij Miah Vs. State of Assam passed in Bail Application No. 2475/2023. In this case also, the prolonged incarceration of the petitioner was considered and bail was granted. 5. I have considered the submissions made by the learned counsels of both sides. 6. This Court is of the opinion that prolonged incarceration of the petitioner militates against the precious fundamental rights guaranteed under Article 21 of the Constitution of India, and as such, the conditional liberty overriding the statutory embargo created under Section 37 (1) (b) of the NDPS Act, may, in such circumstances has to be taken into consideration and considering such circumstances, all other accused persons have already been released on bail. 7. For the aforesaid reasons, this Court is of the opinion that the petitioner deserves to be allowed to go on bail. 8. Accordingly, the bail application of the petitioner is allowed. 9. It is hereby directed that the petitioner, Jabrul Hoque, who is facing trial in connection with Special NDPS Case No. 154/2022 pending in the court of learned Special Judge, Karimganj, shall be released on bail of ₹ 30,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Karimganj. The bail application stands disposed of accordingly. JUDGE Page No.# 3/3 Comparing Assistant