Page No.# 1/3 GAHC010192572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2790/2025 AMIR HUSSAIN S/O LT ABU BAKKAR SIDDIQUE VILL BONPURA PS MUKALMUA DIST NALBARI ASSAM PIN 781311 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR S ISLAM, MR. R ISLAM,S RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.08.2025 1. Heard Mr. S. Islam, the learned counsel for the petitioner. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Amir Hussain, who is Page No.# 2/3 detained behind the bars since 19.07.2025 (for the last 38 days) in connection with NDPS Case No. 26/2024 pending before the Court of learned Special Judge, Nalbari. 3. The learned counsel for the petitioner submits that the petitioner was allowed to go on bail during the pendency of the investigation, however, later on, the charge-sheet was laid against the petitioner in the above mentioned case under Section 22(b) of the NDPS Act. 4. The learned counsel for the petitioner has submitted that though, the petitioner receives summons from the Trial Court, however due to some mis- understanding he could not appeared before the Trial Court on the date fixed for appearance and therefore, the Trial Court issued non-bailable warrant of arrest and for the last 38 days he has been detained behind the bars. 5. The learned counsel for the petitioner has submitted that the petitioner is ready to face the trial and he is a permanent resident of Nalbari District. 6. On perusal of the records, it appears that the petitioner defaulted in appearing before the Trial Court on three consecutive dates, however, considering the submissions made by the learned counsel for the petitioner that the petitioner did not appear before the Trial Court due to some misunderstanding and he is now ready to face the trial. 7. This Court is of the considered opinion that his custodial detention may not be necessary for fair completion of the trial if he cooperates in the trial. 8. In view of the above, the above-mentioned petitioner is hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one suitable surety of like amount to the satisfaction of the learned Special Judge, Nalbari subject to the following conditions: i. That the petitioner shall co-operate in the investigation. Page No.# 3/3 ii. 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. 9. This bail application is, accordingly disposed of. JUDGE Comparing Assistant