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2025 DAILYLAW 27951 (GAU)

PRASANTA BARUAH v. THE STATE OF ASSAM

Bail Appln./3637/2025 · 2025-11-11

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010247652025 2025:GAU-AS:15262 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3637/2025 PRASANTA BARUAH S/O- RAJEN BARUAH R/O- VILL- DIGHALI PATHAR, P.S -GOGAMUKH, DIST- DHEMAJI, ASSAM, PIN- 787056 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR G PEGU, MR D PEGU,MR. N ANAND Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 12.11.2025 1. Heard Mr. N. Anand, learned counsel for the accused applicant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This application under Section 483 of BNSS, 2023 has been filed by the accused applicant, namely, Prasanta Baruah, praying for grant of bail in connection with Gogamukh P.S Case No.92/2025 registered under Section 20(b)(ii)(B) of NDPS Act. 3. The allegation against the accused applicant is that he has hidden 4.919 kg of contraband ganja in a FCI Godown and the same was recovered by the Police. 4. It is submitted by the learned counsel for the accused applicant that the accused applicant was arrested on 28.09.2025 and he has already spent 46 days. 5. The learned counsel for the accused applicant further submits that taking into account that the quantity of ganja recovered is of intermediate quantity and he has already spent sufficient time behind the bars, he should be allowed to go on bail at this stage. 6. On the other hand, the learned Additional Public Prosecutor for the State submits that the Court should not allow bail to the accused applicant without perusing the case diary. 7. I have heard the submissions made by the respective counsel as well as gone through the materials brought before this Court. 8. By taking into account of the fact that the seized ganja is of intermediate quantity and the accused applicant has already spent 46 days behind the bars, further custodial detention at this stage may not be required. Page No.# 3/3 9. Accordingly, this Court is of the opinion that the above- named accused applicant be allowed to go on bail of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of like nature subject to the satisfaction of the Court of learned CJM, Dhemaji with following conditions: (i) That the accused applicant shall co-operate with the investigation as and when required; (ii) That the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (iii) That the accused applicant shall not hamper or tamper with evidence. 10. In view of the aforesaid, this bail application stands disposed of. JUDGE Comparing Assistant