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2025 DAILYLAW 25173 (GAU)

TAHER ALI v. THE STATE OF ASSAM

Bail Appln./3925/2025 · 2025-12-18

Rajesh Mazumdar

body2025

Judgment text

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Page No.# 1/3 GAHC010268502025 2025:GAU-AS:17722 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3925/2025 TAHER ALI S/O ABUL HUSSAIN, R/O PAHARTOLI, P.S KALGACHIA, DISTRICT BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR. D ZAKARIA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 19.12.2025 Heard Mr S Munir, learned counsel, appearing for the petitioner. 2. Also heard Mr D P Goswami, learned Additional Public Prosecutor for the State of Assam, who has stated that the Case Diary has been received. 3. This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the petitioner, namely, Taher Ali, who was arrested in connection with Gorchuk PS Case No. 297/2025, under Sections 20(b)(ii)B of the NDPS Act. Page No.# 2/3 4. The learned Additional Public Prosecutor has submitted that although other facets of the investigation have substantially progressed, the FSL Report is yet awaited. 4. The learned counsel for the petitioner has submitted that the quantity alleged to have been recovered is of intermediate quantity, and even if it is assumed that the same is ganja, looking at the length of the incarceration, the quantity recovered and the advanced stage of investigation, the petitioner may be granted the privilege of bail at this stage. 5. We have gone through the Case Diary as well as the contents of the petition. 6. In the opinion of this Court, the petitioner can be allowed the privilege of bail. Accordingly, this Court, therefore, directs that the petitioner be released on bail on furnishing a bond of Rs. 15,000/- with two suitable sureties of the like amount, at least one of whom shall have immovable property within the jurisdiction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati , to the satisfaction of the Special Judge (NDPS), Kamrup (Metro), Guwahati, subject to the conditions. i) The petitioner shall not leave the territorial jurisdiction of investigating officer and/or the Learned Special Judge without prior written permission; ii) The petitioner shall not hamper and tamper with the evidence of the case; iii) 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 him from disclosing such facts to the Court or to any police officer. iv) The petitioner shall appear before the investigating authority and/or the learned Special Judge as and when required to do so; vi) the Learned Special Judge shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the investigation. Page No.# 3/3 vii) The petitioner shall not engage in any illegal activity of similar nature in the future. vi) The investigating authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. 9. The Bail Application stands disposed of. JUDGE Comparing Assistant