Page No.# 1/4 GAHC040007932025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/58/2025 Solu Islam Son of Abdul Hasin, permanent resident of No.2 Parbotipur, Merbil, Lakhimpur, Assam. VERSUS The State of AP represented through the PP of AP Advocate for the Petitioner : Tailang Laji, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 23-06-2025 The present bail application has been filed by the brother of the accused, Shri Arif Islam. 2. Heard the learned counsel for the applicant, Mr. M. Kamcham. Also heard the learned Additional Public Prosecutor, State of Arunachal Pradesh, Mr. G. Tado. 3. The applicant states that the accused, Arif Islam was arrested on 08.04.2024 Page No.# 2/4 in connection with Banderdewa PS Case No. 23/2024. The instant bail application is the fourth bail application filed by the applicant seeking bail for release of the accused. The first bail application was filed as BA/439/2024 before the Special Judge (NDPS), Yupia and vide Order dated 03.12.2024 the same was rejected. A subsequent bail application was moved being BA/457/2024 and the hearing of the bail application was taken up on 12.02.2024. However, the learned Special Judge (NDPS), Yupia did not pass any order in connection with the said bail application and the bail order was reserved. After a lapse of almost two months, being aggrieved by the delay in passing of order in the bail application, the applicant approached this Court in BA/38/2025 praying for the release of the accused person on bail. 4. This Court vide Order dated 08.04.2025 directed the learned Special Judge (NDPS), Yupia to pass necessary order in connection with BA/457/2024 expeditiously and to dispose of the same. Thereafter, the learned Special Judge (NDPS), Yupia vide Order dated 12.02.2025 rejected the bail application. Hence this instant bail application has been filed before this Court. 5. The applicant submits that the accused is languishing behind bars since his arrest on 08.04.2024. Till date the accused person has spent a total of 1 year 1 month and 15 days in judicial custody. The accused person has fully cooperated with the investigation and the charge-sheet has already been filed and the matter is now ready for trial. However, the completion of trial is likely to take a long period of time as there are a total number of six witnesses. The learned counsel for the applicant further submits that among the six accused persons, who were arrested in the present case, four of them have already been discharged from the case and another accused has been granted bail. Page No.# 3/4 Therefore, the learned counsel prays that the accused may be released on bail as the investigation is now completed and also on the principle of parity as co- accused has already been released on bail. 6. Learned Additional PP, objecting to the submissions of the learned counsel for the applicant submits that there is prima facie case against the accused person and he is the main supplier of the drugs. It is also stated that the case is registered under Section 21(b) of the NDPS Act wherein the punishment may extend to up to 10 years imprisonment. It is also stated that the accused is from the State of Assam and he is not a local person and, accordingly, there are chances of him absconding and it will be difficult to secure his presence during the trial. Learned Additional PP therefore submits that bail may be rejected at this stage. 7. This Court has considered the submissions of the opposing parties and has also gone through the pleadings as well as the Trial Court Records. In the present case, it is seen that the accused person was arrested on 08.04.2024. Therefore, he has been in custody for more than one year. It is also seen that the charge-sheet has already been filed and the trial has commenced. As submitted by the learned counsel for the applicant, the accused person has cooperated with the investigation, and his further custody is not required anymore as long as his presence can be secured during the trial. Therefore, this Court is inclined to grant bail to the accused person, Shri Arif Islam on the following terms and conditions: (i) The accused shall execute a bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) with one local surety of like amount who shall preferably be Page No.# 4/4 a Government Employee of the Arunachal Pradesh Government with proper land documents, to the satisfaction of the learned trial court. (ii) The accused shall appear before the court as and when summoned. (iii) The accused shall not influence or intimidate any person acquainted with the facts of the case. (iv) The accused shall leave the jurisdiction of the trial court only after obtaining the permission of the court as and when required. 8. With the above directions this bail application stands disposed of. JUDGE Comparing Assistant