Page No.# 1/4 GAHC010270102024 2025:GAU-AS:190 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3899/2024 SRI CHERLY RYNGDSLEM @ CHERLY RYNGKHLEM S/O JEWARKHAR, VILL- UMLUNG, P.S. UMLUNG, DIST. WEST JAINTIA HILLS, MEGHALAYA. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. L MOHAN,MRS. K H CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 07.01.2025 Heard Mr. J. I. Borbhuiya, 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 connection with NDPS Case No. 25/2018, registered under Sections 21 (b)/29 of NDPS Act, which is pending before the Court of learned Additional Sessions Judge No.1, Kamrup (M), Guwahati. The scanned copy of the LCR has been received and I have perused the same. It is submitted by Mr. Borbhuiya, learned counsel for the petitioner, that at the time of the investigation prior to the filing of the charge-sheet, the present petitioner was on bail. After receiving the summons, he appeared before the learned Trial Court vide order dated 13.06.2019, and he was also allowed to remain on his previous bail. Thereafter, on several dates, the petitioner appeared before the Trial Court in the said case until December 2022. After that, he could not appear before the Trial Court as he was arrested in connection with Gorchuk P.S. Case No. 35/2023. Considering his absence, the NBWA along with a Proclamation was issued by the Trial Court. Upon learning about the issuance of the proclamation and NBWA, a petition was filed by the engaged counsel of the petitioner, praying for the petitioner to remain on his previous bail. However, the Trial Court rejected the prayer of the petitioner vide Page No.# 3/4 orders dated 24.01.2024 and 27.03.2024. Further, the petitioner was remanded to judicial custody, and the Superintendent of Central Jail, Kamrup (M), was directed to produce the petitioner before the learned Court below. He further submitted that, to date, the case could not proceed due to the absence of the other co-accused. Additionally, he submits that the present petitioner is suffering from tuberculosis and has been admitted to LGB Chest Hospital, Guwahati, where he is still undergoing treatment. He also submitted that the petitioner’s elder brother passed away last night, and tomorrow, i.e., on 08.01.2025, is his brother’s funeral. Thus, he submits that the petitioner has been in custody since 09.04.2024, and, accordingly, considering his health status, the conduct of the petitioner, and the death of his elder brother, he may be enlarged on bail. The petitioner is ready to abide by any stringent conditions imposed on him and is ready to appear before the learned Trial Court on each and every date fixed. On the other hand, Mr. Baruah, learned Additional Public Prosecutor, has submitted that the petitioner was absent for a considerable period, for which the NBWA and proclamation were issued by the learned Trial Court. He further admitted that the accused/petitioner is a patient of tuberculosis and is still undergoing treatment. He also submitted that there is incriminating material available against the accused/petitioner. However, he raised no objection to granting bail on health grounds, but requested that strict conditions be imposed on bail, as the probability of absconding cannot be denied at this stage. Considering the entire facts and circumstances of the case, including the conduct of the accused/petitioner, his present health status, this Court is of the opinion that privilege of bail can be granted to the accused/petitioner. Page No.# 4/4 Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Additional Sessions Judge No.1, Kamrup (M), the accused/petitioner, namely, Shri Cherly Ryngdslem @ Cherly Ryngkhlem, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall appear before the Court of learned Additional Sessions Judge No.1, Kamrup (M), on each and every date to be fixed by the Court; (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 Additional Sessions Judge No.1, Kamrup (M); and (iv) that the petitioner shall not leave the jurisdiction of the learned Additional Sessions Judge No.1, Kamrup (M), without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant