Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010207362025
2025:GAU-AS:13478
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3000/2025 AMINUL HOQUE AND ANR S/O- LATE SAMSUL HOQUE, R/O- VILL- CHIRAKHOWA PART II, P.S- FAKIRGANJ, DIST- DHUBRI, ASSAM 2: SAMSUL HOQUE S/O- KASHEM ALI
R/O- VILL- CHIRAKHOWA PART IV P.S- FAKIRGANJ DIST- DHUBRI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. Y ALI, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26-09-2025 Heard learned counsel Mr. N.J. Dutta for the petitioners 1. Aminul Hoque and 2. Samsul Hoque, who have filed this application under Section 483 of
Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 12.08.2025 in connection with Guwahati G.R. Case No. 124/2025 corresponding to GR No. 3998/2025 registered under Section 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. Heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, who has raised serious objection against the prayer for bail.
3. The allegation against the petitioners is that they were apprehended while they were in possession of 135 grams of Heroin.
4. I have considered the submissions at the bar. I have also considered the submission that the petitioners have cooperated with the investigation. I have also scrutinized the Case Diary. Investigation has progressed substantially. It appears that further custodial detention may not be required.
5. Considering all aspects, petitioners are enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati under the conditions that :- (i) the petitioners shall refrain from such activities with which they are alleged, (ii) the petitioners shall cooperate with the investigation and, (iii) the petitioners shall not leave the jurisdiction of the Court without prior permission.
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6. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioners.
7. In terms of the above observation, this Bail Application stands disposed of.
8. Send back the Case Diary. JUDGE Comparing Assistant