Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 20021 (GAU)

HABIBOR RAHMAN v. THE STATE OF ASSAM

Bail Appln./3216/2025 · 2025-10-13

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010221282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3216/2025 HABIBOR RAHMAN S/O- ABDUL SAMAD. R/O- VILLAGE- BALABHITA, P.S- BARPETA ROAD, DISTRICT -BARPETA, ASSAM, PIN- 781313 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. F A HASSAN, MS. K L R YANTHAN,MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 14.10.2025 Heard Mr. B. Choudhury, learned Senior Counsel assisted by Mr. F.A. Hassan, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Page No.# 2/3 Sanhita, 2023, the accused petitioner namely, Habibor Rahman, has prayed for bail in connection with Manikpur P.S. Case No. 102/2025 under Section 21(b)/29. 3. The learned counsel for the petitioner contended that the allegation in the FIR dated 27.08.2025, where two persons coming in a vehicle where intercepted an upon checking heroine approximately 36.41 grams of heroin falling in the category of intermediate quantity was seized from them. It is stated in the FIR that these two persons stated about purchasing the contraband substances from Habibor Rahman, the present petitioner. 4. The case diary has been received. It is fairly submitted by Mr. Goswami, learned Additional Public Prosecutor that investigation has progressed and seems to be pending only for FSL report. It also submitted that apart from the statement of co-accused, so far, he has not noticed to the incriminating matters against the present petitioner. 5. In view of the progress of investigation, and other factor as above I am of the considered opinion that the accused can be granted bail at this stage subject to suitable condition(s). 6. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Manikpur P.S. Case No. 102/2025 under Section 21(b)/29 of NDPS Act, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court Special Judge, Bongaigaon. 7. The direction for bail is further subject to the conditions: (a) That the accused person shall co-operate with remaining investigation; (b) That the accused persons shall not hamper or tamper with evidence; and (c) That the petitioner shall not misuse his liberty to commit any illegal activity Page No.# 3/3 or offences. 8. Violation or breach of any condition(s) shall entail cancellation of bail. 9. With the above observations, this bail petition stands allowed and disposed of accordingly. JUDGE Comparing Assistant