Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./56/2025 MOZIBOR ALI S/O KADER ALI VILL- MONAKOCHA P.S.MANIKPUR DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,N. UDDIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.02.2025
1. Heard Mr. M.I. Hussain, the learned counsel for the petitioner. Also heard Mr. R.G. Baruah, the learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha
Page No.# 2/3 Sanhita (BNSS), 2023, has been filed by the petitioner, namely, Mozibor Ali, who has been detained behind the bars since 10.12.2024 for last 60 days, in connection with Manikpur P.S. Case No. 157/2024, registered under Section 21(b)/29 of the NDPS Act, 1985. 3. The gist of accusation in this case is that on the basis of an FIR lodged by one Manas Jyoti Saikia, on 09.12.2024, before the Officer In-charge of Manikpur Police Station, a search operation was conducted in which 29.53 gram of suspected Heroine was recovered. 4. The learned counsel for the petitioner has submitted that the quantity of Heroine recovered in this case is less than commercial quantity and considering the period of detention undergone does not appear to be necessary for fair completion of the investigation of Manikpur P.S. Case No. 157/2024. 5. On the other hand, the learned Additional Public Prosecutor submits that the investigation has fairly progressed and it is pending only for collection of the FSL report. 6. Considering the fact that the petitioner has been detained behind the bars for last 60 days, he is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount, subject to the satisfaction of the Additional Special Judge, Bongaigaion, with the following conditions:- i. That the petitioner shall cooperate in the trial of Manikpur P.S. Case No. 157/2024, which is pending in the Court of learned Special Judge, Bongaigaon. ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court;
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That the petitioner 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 before the Trial Court in the trial pending against the present petitioner; iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card and mobile number, and other contact details before the Trial Court; v. That the petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court; and vi. That the petitioner shall not commit any similar offence while on bail. 7. With the above observation, this bail application is accordingly disposed of. 8. Let a copy of this order be furnished by the Registry of this Court. JUDGE Comparing Assistant