Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC030006642025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./44/2025 Sh. Vanlalrohlua Pautu S/o Vanlalsawma Pautu, Section-I, Chandmari, Aizawl
VERSUS The State of Mizoram Aizawl Advocate for the Petitioner : Mr. Aldrin Zothanmawia Advocate for the Respondent : P.P./Addl.PP, Mizoram
B E F O R E HON’BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 21.10.2025 Heard Mr. Aldrin Zothanmawia, learned counsel for the petitioner. The case of the petitioner is that he was arrested on 20.06.2025 in connection with ND&PS case No. 156/2025 and he has been booked under Section 21 (b) of ND&PS Act, 1985. Page No.# 2/3 The submission of the learned counsel for the petitioner is that the accused has now been incarcerated for more than four months and at this stage, the investigation has already been completed and the charge sheet has been submitted on 19.08.2025 and the matter is now pending trial before the learned Special Court, ND&PS Act, 1985, Aizawl, Mizoram. The learned counsel for the petitioner submits that he had submitted a bail application before the Special Court, ND&PS Act, 1985, Aizawl, Mizoram being Bail Application No. 3 of 2025 but the same was rejected by the order dated 15.09.2025. Another ground taken by the learned counsel for the petitioner is that the petitioner has been booked for possession of intermediate quantity and therefore the rigors of Section 37 of the ND&PS Act, 1985 will not applied in this case. It is also submitted that the accused is a resident of Chanmari, Aizawl and therefore there is no likelihood of him absconding or jumping bail if the prayer is allowed. Accordingly, the learned counsel for the petitioner prays that the accused may be granted bail at this stage on any terms and conditions as imposed by this Court. I have also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor and perused the records available before the Court. This Court has also observed that the charge sheet has already been filed by the investigating agency on 19.08.2025 and accordingly, the investigation process is now complete and the matter is awaiting trial before the Special Court of the ND&PS Act, 1985.
This Court has also observed that the
Page No.# 3/3 petitioner has been booked under Section 21 (b) of the ND&PS Act, 1985 which is for the possession of intermediate quantity and accordingly, the rigors of Section 37 of the ND&PS Act, 1985 are not applicable in the present case. It is the view of this Court that the custody of the accused is no longer required. The present petition is therefore allowed and the petitioner/accused is released on bail under the following conditions: i) Execution of bail bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned Trial Court. ii) The petitioner/accused shall appear before the learned Trial Court on every occasion as and when summoned without fail. iii) The accused/petitioner shall not leave the jurisdiction of the Trial Court without the permission of the Court concerned. With these directions and conditions, the petition stands disposed of. JUDGE Comparing Assistant