Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3179/2024 ABDUL RASHID S/O AKABBAR ALI, R/O VILL- PAKA BEDBARI, P.O.-JARABARI, P.S.- BARPETA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S RAHMAN, MR. Y S MANNAN,MS R BEGAM,MS. S PHUKAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.03.2025 Heard Mr. Y.S. Mannan, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Abdul Rashid has prayed for releasing him on bail in respect of NDPS Case No. 71/2023 pending in the court of the learned District & Sessions Judge No. 2, Kamrup (Metro),
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3. The present bail application has been filed on certain grounds. The last witness was examined on 11.06.2024. After that, till now, no witness has been examined by the court below. The second ground is that the petitioner has already spent more than 2 years in custody.
4. Mr. Mannan also submits that the trial court has deliberately not examined the eight numbers of witnesses as yet.
5. I have considered the submissions made by the learned counsel of both sides.
6. This Court is of the opinion that the petitioner has presented a strong case for himself. Considering his long period of detention and considering the fact that no witness has been examined till now, after the last witness that was examined on 11.06.2024, the bail application of the petitioner is allowed.
7. The petitioner Abdul Rashid is facing trial before the court of the learned District & Sessions Judge No. 2, Kamrup (Metro), Guwahati, Assam. On his appearance before the trial court, petitioner Abdul Rashid shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned District & Sessions Judge No. 2, Kamrup (Metro), Guwahati. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant