Page No.# 1/4 GAHC010226812025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3295/2025 ALAUDDIN AHMED AND ANR S/O- MAFIZ ALI R/O- VILL- MUKALMUA HAWLYGHAT P.S- MUKALMUA DIST.- NALBARI, ASSAM, 2: RAFIQUL ALI ALIAS RAFIKUL ALI S/O- JAMAL ALI R/O - VILL- MUKALMUA P.S MUKALMUA DIST.- NALBARI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P OF ASSAM Advocate for the Petitioner : MR S ISLAM, S RAHMAN,MR. R ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 04/11/2025 Heard Mr. S Islam, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been instituted praying for grant of regular bail to the petitioners, (1) Alauddin Ahmed and (2) Rafiqul Ali @ Rafikul Ali, in connection with Mukalmua P.S. Case No. 219/2025 registered under Sections 21(b) of NDPS Act. 3. Mr. S Islam, learned counsel for the petitioners has submitted that the address of the petitioner No. 2 has been reflected in the cause title of the bail application as “resident of Village-Mukalmua”. He submits that the correct address of the petitioner No. 2 is “resident of Village-Mukalmua, Islampur Chupa, P.S. Mukalmua in the district of Nalbari, Assam. He submits that the said error had occasioned in the cause title of the present bail application inadvertently and accordingly, prays that the same be permitted to be corrected. 4. Registry to correct the address of the petitioner No. 2 in the case record as well as in the CIS as follows: “2. Rafiqul Ali @ Rafikul Ali, S/o. Jamal Ali, R/o. Village-Mukalmua, Islampur Chupta, P.S. Mukalmua, District-Nalbari (Assam).” 5. It is submitted at the bar that the petitioners were arrested on 04.09.2025 and Page No.# 3/4 thereafter, they have been languishing in the jail. 6. It is submitted by Mr. Islam, learned counsel for the petitioners that the petitioners have completed 61 days in detention. The maximum period of detention having been undergone by the petitioners and charge-sheet not being filed, it is submitted that the petitioners are entitled to default bail. 7. Mr. B Sarma, learned Additional Public Prosecutor, Assam, on instruction, submits that the charge-sheet in the matter has not been filed by the Investigating Officer and the petitioners having been in detention for 61 days, they have completed the maximum period of detention and accordingly, would be entitled to default bail. 8. In view of the above submissions of the learned counsel for the parties, this Court directs that the petitioners, (1) Alauddin Ahmed and (2) Rafiqul Ali @ Rafikul Ali, shall be released on default bail, on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) only, each, along with 2 (two) local sureties each of the like amount to the satisfaction of the learned Special Judge, Nalbari, subject to the following conditions: (i) The petitioners, herein, shall appear before the Investigating officer every 15 (fifteen) days, starting from 10.11.2025 and shall continue to appear before the Investigating Officer at the said intervals till the conclusion of the investigation of the case. (ii) The petitioners, herein, shall further appear before the Investigating officer as and when called for, for the purpose of investigation of the case. (iii) The petitioners, herein, shall not directly or indirectly make any inducement, threat or promise to any person(s), acquainted with the facts of the case so as to dissuade them from disclosing the same to the Investigating Officer; (iv) The petitioners, herein, shall not leave the jurisdiction of the learned Special Judge, Nalbari, without prior permission; 9. Any violation of the above condition shall automatically lead to cancellation of the Page No.# 4/4 liberty of default bail, as granted by this Court, hereinabove. 10. With the above observations and directions, this bail application stands disposed of. JUDGE Comparing Assistant