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2025 DAILYLAW 24571 (GAU)

KAZIR HUSSAIN LASKAR AND ANR v. THE STATE OF ASSAM

Bail Appln./3713/2025 · 2025-11-18

Anjan Moni Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010253552025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3713/2025 KAZIR HUSSAIN LASKAR AND ANR S/O KAMRUL LASKAR, R/O GANGANAGAR PT III, P.S. KACHUDARAM, DIST. CACHAR, ASSAM, PIN- 788001 2: RUHEL ALOM LASKAR S/O NOJIBUL HOQUE LASKAR R/O GANGANAGAR PT-III P.S. KACHUDARAM DIST. CACHAR ASSAM PIN 78800 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MR. MEHUL SHAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 19.11.2025 Heard Mr. K. Thakur, learned counsel for the accused/applicants. Also heard Mr. P. Barthakur, learned APP for the State. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 praying for granting regular bail to the accused/applicants in connection with NDPS Case No. 99/2025 arising out of Sonai P.S. Case No. 59/2025 (G.R. Case No. 1411/2025) under Section 21(b)/29 of the NDPS Act, 1985. 3. The gist of the case is as narrated in the FIR lodged on 18.08.2025 by Jyotish Kumar Nath, SI, Officer-in-Charge, Sonai P.S. is that upon receipt of certain confidential information, the police party proceeded to Kazidahar Part-I area and apprehended the accused/applicants. During the search, it is alleged that 49.32 grams of Heroin were seized from the possession of the accused/applicants. On completion of the investigation, the police filed the charge-sheet vide CS No. 62/2025 on 05.10.2025. The accused/applicants were arrested on 19.08.2025 and have since been in custody for the last 93 days. 4. The learned counsel for the accused/applicants submits that the accused/applicants are not involved in the alleged offences relating to narcotic drugs. He further submits that the charge-sheet has already been filed and the investigation is complete, the accused/applicants have already spent more than 90 days in custody. It is submitted that the accused/applicants should be released on bail so that they may attend the Trial Court as and when required. 5. Mr. P. Barthakur, learned APP for the State, submits that the contraband substance was recovered from the possession of the accused/applicants. He submits that though the charge-sheet has been filed, he opposes granting of bail to the accused/applicants. 6. This Court heard the submissions made by the respective counsel and perused the records. On consideration of the fact that the accused/applicants Page No.# 3/3 have been in custody since their arrest and that the charge-sheet has been filed, this Court is of the opinion that this is a fit case for granting bail. 7. Taking into account that the accused/applicants have already spent the last 93 days in judicial custody, this Court is of the opinion that the accused/applicants be allowed to go on bail upon furnishing a bail bond of Rs. 40,000/- each, with one surety of a like amount, to the satisfaction of the learned Special Judge, NDPS, Cachar, Silchar, subject to the following conditions: (i) The accused/applicant shall cooperate fully with the investigation and make themselves available as and when required by the Trial Court; (ii) The accused/applicant shall not, directly or indirectly, make any promise, offer, or assurance to any person regarding the facts of the case; (iii) The accused/applicant shall not tamper with or obstruct any evidence, nor shall they attempt to influence or intimidate any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of. JUDGE Comparing Assistant