Page No.# 1/3 GAHC010009342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./157/2025 MAKHAN BARUAH @ MAKHAN BHUBAN BARUAH S/O LATE GHANA BARUAH A RESIDENT OF VILL- PILKHANA KOROTIPARA, P.S. LALUK, IN THE DISTRICT OF LAKHIMPUR, ASSAM, PIN-784160 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. T K BHUYAN, MR. C TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 18.02.2025 1. Heard Mr. T. K. Bhuyan, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been filed by the petitioner namely Makhan Baruah Page No.# 2/3 @ Makhan Bhuban Barua, who has been detained behind the bars since 27.12.2024 (for the last 54 days), in connection with Laluk P.S Case No. 217/2024 under Section 20(b)(ii)(B) of the NDPS Act, 1985. 3. It is alleged in the FIR lodged by one Sri C. Baruah on 26.12.2024 that total 19kg 900 grams of suspected ganja was seized from the house of the present petitioner. 4. The learned counsel for the petitioner has submitted that the petitioner has been languishing behind the bars for the last 54 days and considering the period of detention his prayer for bail may be allowed. 5. On the other hand learned the Additional Public Prosecutor for the State has produced the Case Diary of Laluk P.S Case No.217/2024 and has submitted that the investigation has fairly progress and it is only pending for receipt of FSL report. He further submits that the investigation has fairly progressed and sufficient materials are collected against the present petitioner. 6. Considering the submission made by learned counsel for the parties and considering the fact that the petitioner has been detained behind the bars for last 54 days and the investigation has fairly progressed, his further custodial detention does not appear to be necessary for fair completion of the investigation of Laluk P.S Case No. 217/2024. 7. In view of the above the petitioner is allowed to go on bail of Rs.30,000/- (Thirty Thousand only) with one surety of like amount to the satisfaction of the learned Special Judge, Lakhimpur with following conditions :- i. That the petitioner shall cooperate in the trial of Laluk P.S Case No. 217/2024, which is pending in the Court of learned Special Judge, Lakhimpur, Assam; Page No.# 3/3 ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court; iii. 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, 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 offence while on bail. 8. With the above observation, this bail application is accordingly, disposed of. JUDGE Comparing Assistant