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2025 DAILYLAW 20240 (GAU)

PRATIMA DEBBARMA v. THE STATE OF ASSAM

Bail Appln./3337/2024 · 2025-02-13

Malasri Nandi

body2025

Judgment text

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Page No.# 1/2 GAHC010227292024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3337/2024 PRATIMA DEBBARMA D/O SURESH DEBBARMA, R/O VILL- SRI HARI BARI, P.S.-EAST NOAGAON, DIST- WEST TRIPURA (TRIPURA) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, MR. SURAJIT DAS,MS SURAYA RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 14.02.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. By this bail application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Pratima Debbarma, has prayed for bail in connection with Special (NDPS) Case No. 93(H)/2024 under Section 20(b)(ii)(C) of NDPS Act, pending in the court of Page No.# 2/2 learned Special Judge, Hojai. 3. The learned counsel for the accused/petitioner submits that out of eight witnesses, only three witnesses have been examined. It is also submitted that on the last ten consecutive dates, no any witness has been turned up before the learned trial court. It is further submitted that the petitioner has been languishing in judicial custody for last 344 days as on today. In view of the above, the learned counsel for the petitioner prays that the petitioner may either be released on bail and/or a direction may be given to the learned trial court to expedite the trial, to dispose of the matter early. 4. On the other hand, Mr. Kaushik, learned Additional Public Prosecutor has submitted that three witnesses have identified the accused/petitioner along with narcotic drugs, before the learned trial court. As such, at this stage, bail may not be considered to the petitioner 5. I have considered the submissions made by the learned counsel for the parties. I have also perused the scanned copy of trial court records including the evidence of the witnesses. 6. On consideration of the matter in its entirety, this Court is not inclined to grant bail to the accused/petitioner, at this stage. Therefore, prayer for bail is rejected. However, trial court is directed to expedite the trial preferably to dispose of the matter within four months. 7. In view of the above, the bail application stands disposed of. JUDGE Comparing Assistant