Page No.# 1/5 GAHC010268462024 2025:GAU-AS:5409 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3907/2024 AKLAS UDDIN LASKAR S/O SOFOR ALI LASKAR R/O NUTAN RAMNAGAR PT. IV, P.S. SONAI DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. R RONGMEI, MR. S C BISWAS,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 02.05.2025 Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Sonai P.S. Case No. 32/2023, under Sections 21(C)/22(C)/23/25/27A/29 of NDPS Act, corresponding to G.R. No. 618/2024. 3. Scanned copy of the case record, along with the present status report of the case, has already been received and I have perused the same. 4. It is submitted by Mr. Biswas, learned counsel for the petitioner, that the present accused/petitioner is innocent and he is no way connected in the alleged offence. He was serving as a servant in the house of one Abdul Kalam and he was initially arrested in connection with this case only on suspicion. Further he submitted that on earlier occasion, considering the materials available in the Case Diary, the learned Trial Court below granted him the privilege of bail, but subsequently, after filing of the charge-sheet, his bail was cancelled by the learned Trial Court below and thereafter issued summon to him. However, on his failure to appear before the learned Trial Court below, NBWA was issued against him. Thereafter, the petitioner getting the information about the issuance of NBWA against him, he approached this Court with an Page No.# 3/5 application for pre-arrest bail and this Court vide order dated 19.06.2024, passed in AB No. 1106/2024, directed the present petitioner to appear before the learned Trial Court below within 15 (fifteen) days from the date of order and to file an appropriate application for bail. In pursuant to the said order, the accused/petitioner accordingly already appeared before the learned Special Judge with a regular application for bail, but his prayer was rejected by the learned Special Judge vide order dated 12.01.2024 and he was forwarded to judicial custody and since then, he is in custody. 5. Mr. Biswas, learned counsel for the petitioner, further submitted that the other 2 (two) co-accused persons are still absconding and hence, the trial could not be commenced till date, though the petitioner is behind the bar for such a considerable period. He further submitted that prior to filing of the charge- sheet, the present accused/petitioner was behind the bar for more than 6 (six) months, i.e. from 03.07.2023 to 11.01.2024. But, in spite of his long incarceration, the trial could not be commenced till date and accordingly, he submitted that the present accused/petitioner may be released on bail. He, being the permanent resident of his addressed locality, will regularly appear before the learned Special Judge on each and every date to be fixed by the Court if he his bail prayer is considered at this stage. 6. Mr. Das, learned Additional Public Prosecutor, submitted in this regard that there are sufficient incriminating materials against the present accused/petitioner so far collected by the I.O. and on the basis of which, the charge-sheet has been filed against him. He further submitted that from the record, it is seen that initially around 3400 numbers of Yaba Tablets were recovered from the possession of the present accused/petitioner along with one Page No.# 4/5 another and thereafter, on the disclosure made by the petitioner, the police recovered heroin from the other co-accused, Abdul Kalam, and thus, he was very much aware about the contraband which was kept in the house of one of co-accused and that apart, the Yaba Tablets were directly recovered from his conscious possession. He further submitted that from the status report available in the case record, it is seen that the present accused/petitioner got arrested in connection with this case on the strength of NBWA issued against him and he did not appear before the learned Special Judge after filing of the charge-sheet though he was on bail. Thus, he submitted that the conduct of the accused/petitioner is also to be considered and in the same time, the other 2 (two) co-accused persons are still absconding and the probability of absconding of the present petitioner also cannot be denied at this stage. 7. He further submitted that the case is of commercial in nature and hence, rigor of Section 37 NDPS Act will follow wherein the twin condition has to be satisfied that the accused is not guilty of the offence and there has to be a belief that the accused will not repeat or commit the same offence while on bail. But, from the materials available in the Case Record and Case Diary, it cannot be said that the present petitioner is innocent, he has not committed such offence nor there is any probability of committing similar kind of offence if he is released on bail. Thus, he raised vehement objection and submitted that considering the nature and gravity of the offence, it is not at all a fit case to enlarge the accused/petitioner on bail at this stage. 8. Considering the submissions made by the learned counsels for both sides and also considering the entire circumstances of this case, viz-a-viz the gravity of the offence and the conduct of the accused/petitioner, I do not find it a fit Page No.# 5/5 case to extend the privilege of bail to the present accused/petitioner at this stage and accordingly, the same stands rejected. 9. However, the petitioner may approach the learned Special Judge with a prayer for speeding up the trial of his case apart from the case of the other accused persons who are still absconding. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant