Page No.# 1/4 GAHC010213842024 2025:GAU-AS:272 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3131/2024 RAJ KUMAR SAHANI S/O LT. RAM NARESH SAHANI, VILL- SALEMPUR, P.S.-LALGANG, DIST- BAISHALI, STATE- BIHAR, INDIA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S BORTHAKUR, MR. K K KALITA,MR P H KONWAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 08.01.2025 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot in since 25.01.2024 in connection with SPL (N) Case No. 14/2024 which is pending before the Court of learned Special Judge, Darrang [arising out of Sipajhar P.S. Case No. 09/2024, registered under Sections 20 (C) and 29 of the NDPS Act]. The scanned copy of the LCR, has been received and I have perused the same. It is submitted by Mr. Borthakur, learned counsel for the petitioner, that the petitioner was arrested in connection with this case on 25.01.2024 and has been in custody since then. He further submits that, to date, no witnesses could be examined by the prosecution. Moreover, he contends that, according to the allegation, 2.5 kg of ganja was recovered from the petitioner’s possession. While this amount is much less than the commercial quantity, though, the case has been charge-sheeted under Sections 20 (C)/ 29 of the NDPS Act. He also submits that, as the petitioner is a permanent resident of the locality, there is no chance of absconding if he is released on bail. Further, the petitioner is ready to abide by any terms and conditions imposed, if bail is granted. Page No.# 3/4 On the other hand, Mr. Baruah, learned Additional Public Prosecutor, has submitted that on perusal of the scanned copy of the LCR revealed that 2.5 kg of ganja was recovered from the possession of the accused/petitioner, which is admittedly less than the commercial quantity. Further, it also reveals from the order passed by the learned Trial Court, the weight of the ganja without the gunny bags is shown as 1.95 kg. Despite this, the case has been charge- sheeted under the commercial quantity category, and charges have been framed by the learned Trial Court under Section 20(C)/29 of the NDPS Act. However, he submits that there is sufficient incriminating material against the accused/petitioner, and the recovery was made from his conscious possession. He also mentions that the charge was framed on 11.09.2024, but, to date, the prosecution has not examined any witnesses, although summons have been regularly issued. Therefore, at this stage, he raises an objection to granting bail to the accused/petitioner. Considering the entire facts and circumstances of the case and without going into the merits of the case, this Court is of the opinion that privilege of bail can be granted to the accused/petitioner, considering the period of detention already undergone. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with 2 (two) sureties of like amount, provided that one surety has to be a government servant, to the satisfaction of the learned Special Judge, Darrang, the accused/petitioner, namely, Shri Raj Kumar Sahani, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall appear before the Court of learned Special Judge, Darrang, on each and every date to be fixed by the Court; Page No.# 4/4 (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall submit his Aadhaar Card and PAN Card before the learned Special Judge, Darrang; and (iv) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Darrang, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant