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2025 DAILYLAW 19103 (GAU)

DINABANDHU DAS ALIAS DINBANDHU DAS v. THE STATE OF ASSAM

Bail Appln./2984/2025 · 2025-09-24

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010205282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2984/2025 DINABANDHU DAS ALIAS DINBANDHU DAS SON OF LT AMULYA KUMAR DAS, VILLAGE BARPETA, WARD NO 5, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.09.2025 1. Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner namely Dinabandhu Das @ Dinbandhu Das who has been detained Page No.# 2/3 behind the bars since 11.08.2025 in connection with Bongaigaon PS Case No.205/2024 under Sections 20(b)(ii)(B) of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 10.08.2025, One Bhaskar Borah had lodged an FIR before the Officer-in-charge of Bongaigoan Police Station, inter alia, alleging that an information was received through reliable sources that one person (present petitioner) was found selling suspected ganja in his grocery shop. Accordingly, a police team went to the shop of the petitioner and recovered 3.285 KG of ganja. 4. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 46 days and considering the period of detention may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor prays for some more time for production of the case diary. 6. I have considered the submission made by the learned counsel for the both sides. 7. In this case, the quantity of ganja recovered in this case is 3.285 KG, whereas the petitioner has been detained behind the bars for last 46 days which in the considered opinion of this Court is sufficient for fair progress in the investigation. Further the petitioner cooperates in the investigation, his custodial interrogation may not be necessary for fair completion of investigation Bongaigaon P.S. Case No. 205/2024. 8. Accordingly, in this view of the above named petitioner is allowed to go on bail of Rs. 30,000/- with one surety of like amount subject to the satisfaction of Page No.# 3/3 the learned Special Judge, Bongaigaon, with following conditions:- (i) 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; (ii) That the petitioner shall co-operate in the investigation; 9. This bail application is accordingly disposed of. JUDGE Comparing Assistant