Page No.# 1/4 GAHC010202872025 2025:GAU-AS:13286 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2971/2025 FAIJUL HAQUE ALIAS FAIZUL HAQUE S/O ANOWAR HUSSAIN R/O VILL- MOKHANIA, BORMBOI, P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MD. A A KHAN,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.09.2025 Heard Mr. A. Ahmed, learned counsel for the petitioner and Mr. R. Kaushik, learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the Page No.# 2/4 petitioner, viz., Faijul Haque @ Faizul Haque has prayed for bail in connection with NDPS Case No.31/2024 pending in the Court of learned Special Judge, Kamrup, Amingaon arising out of North Guwahati P.S. Case No.151/2023 registered under Sections 353/333/307/279/338/34 of the IPC read with Sections 21(c)/29 of the NDPS Act, 1985 read with Sections 25(1A)/27/35 of the Arms Act. The F.I.R. dated 03.12.2023 lodged by the Inspector of Palashbari Police Station reveals that on information about a Swift vehicle carrying contrabands from Hajo to Amingaon, a police team was formed and they located the said vehicle and upon surrounding the same, when they were about to open the door of the said vehicle, shots were fired from inside and the driver of the vehicle ran over the informant causing injuries and tried to flee from the scene. However, it is stated that the vehicle ultimately hit a tempo and it stopped and it was surrounded again and three occupants were found, one being the petitioner who was sitting on the left side of the driver in the front seat. It is also stated that inside the car at the rear seat a bag was found containing contrabands i.e. suspected heroin weighing 375 gms which comes under the commercial quantity. It is also stated that one of the occupants of the vehicle died and the other two were hospitalized, one being the petitioner. It is the petitioner who was seated on the left hand side of the driver seat has come before this Court praying for bail. On completion of the investigation the police submitted charge-sheet against the petitioner and the driver on 28.05.2024. Thereafter, charges were Page No.# 3/4 framed on 06.03.2025 and 37 witnesses were arrayed as prosecution witnesses and out of the said witnesses one witness has been examined till date. Mr. Ahmed, learned counsel for the petitioner submits that the petitioner was seated in the front seat of the vehicle and that he has no connection whatsoever with the bag recovered from the rear seat of the vehicle and the person who was sitting the rear seat of the vehicle had expired due to the firing incident. He also submits that the petitioner has been inside the jail since 04.12.2023 and is presently inside the jail for 1 year 9 months 22 days. Mr. Ahmed, learned counsel for the petitioner has prayed for bail both on merits as well as on the ground of delay caused in the trial. Mr. R. Kaushik, learned Addl. P.P. submits on perusal of the scanned copy of the trial Court records that the petitioner was inside the vehicle and when the police tried to stop the vehicle, shots were fired from inside the vehicle and the police personnel were injured. He also submits that delay in conducting the trial cannot be the sole ground for bail inasmuch as merits of individual case are to be considered along with the same. He also submits that the petitioner is a habitual offender who is involved in the business of drugs in earlier occasions too. Mr. Kaushik has relied on the judgments of the Hon’ble Supreme Court as well as the High Courts. I have heard the submissions advanced by the learned counsel for the parties and have gone through the records. It is reflected in the F.I.R. that the contrabands were found at the rear seat Page No.# 4/4 of the vehicle and the occupant who was sitting at the said rear seat had expired whereas the petitioner was in the front seat of the vehicle at the side of the driver seat. In view of the said fact it is, however, left to be decided during the trial as to the conscious possession of the contrabands in respect of the petitioner. Further, the fact that the petitioner was arrested on 04.12.2023 and since then he is inside and that only one witness out of the 37 witnesses were examined, this Court finds it fit to release the petitioner on bail on furnishing of a bail bond of Rs.20,000/- with two local sureties of the like amount to satisfaction of the learned Special Judge, Kamrup, Amingaon under the following conditions :- (1) That the petitioner shall cooperate with the trial of the case and shall appear before the Trial Court as and when called for. (2) That the petitioner shall not tamper with the evidence and shall not influence the witnesses connected with the case. (3) That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant