Page No.# 1/3 GAHC010000112025 2025:GAU-AS:1818 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3/2025 ELIUS AHMED @ ILIYAS AHMED S/O KUDDUS ALI VILL- SINGARI P.S. JURIA, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M ALI, MR J FIRDAUS,MD. ANARUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20-02-2025 Heard Mr. M. Ali, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Elius Ahmed @ Iliyas Ahmed, son of Kuddus Ali, Page No.# 2/3 resident of village-Singari, Police Station- Juria, District- Nagaon, Assam has filed this application under Section 483 BNSS, 2023, on 03.01.2025 seeking bail in Juria Police Station Case No. 399/2024 corresponding to G.R. No.4063/2024, registered under Sections 61(2)/123 BNS, 2023, read with Sections 21(a)/29 of the NDPS Act, wherein he was arrested on 16.12.2024 and is in custody since then. 3. Matter relates to recovery of 5 numbers of vials containing suspected heroin from the conscious possession of the petitioner weighing about 6.40 grams kept concealed in a black colour polythene on 15.12.2024 while making a search on the road Singari Gaon in front of a shop of one Munnas Ali on the basis of specific information. 4. It is submitted that since 16.12.2024 the petitioner is in custody for about 65 days and he has already completed the statutory period in custody and that the prosecution has not filed any charge sheet in the case till date. 5. On being enquired, Mr. Sarma, learned Addl. PP, Assam submitted that the case diary is with him and the charge sheet in said Juria P.S. Case No. 399/2024 has not been filed till date. 6. Since 16.12.2024, the petitioner is in custody for about 65 days till date. In view of the above, the petitioner is entitled for his default bail in said Juria P.S. Case No. 399/2024. 6. Accordingly, the petitioner, namely, Elius Ahmed @ Iliyas Ahmed, son of Kuddus Ali is granted default bail in said Juria P.S. Case No. 399/2024 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Nagaon on conditions that the petitioner – (i) shall appear before the Investigating Officer Page No.# 3/3 of said Juria P.S. Case No. 399/2024 as and he is required for necessary investigation of said Juria Police Station Case; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Nagaon on or before 28.02.2025; (iii) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Nagaon, without obtaining prior written permission from the said authority; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) 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 them from disclosing such facts to the Court or to any police officer and further (vi) shall not indulge himself in any such criminal activities including possession or procurement of such NDPS items, failing which, the bail granted to him in said Juria P.S. Case No. 399/2024 shall stand automatically vacated. 7. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Juria P.S. Case No. 399/2024 shall stand automatically vacated. 8. Bail application stands allowed to the extent above. 9. Return the case diary. JUDGE Comparing Assistant