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2025 DAILYLAW 6325 (GAU)

ANOWARA BEGUM v. THE STATE OF ASSAM

Bail Appln./198/2025 · 2025-01-28

Robin Phukan

body2025

Judgment text

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Page No.# 1/2 GAHC010013762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./198/2025 ANOWARA BEGUM S/O LATE ALI AKBAR R/O NEW GUWAHATI, NEARHANUMAN MANDIR, P.S. NOONMATI,GUWAHATI, DIST.KAMRUP (M),ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R DE, MS. D PATHAK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 29.01.2025 Heard Ms. D Pathak, learned counsel for the accused and Mr. B Sarma, learned Additional Public Prosecutor for the state respondent. 2. This application under Section 483 of the BNSS, 2023, is preferred by accused, namely, Anowara Begum, who has been languishing in jail hazot, in Page No.# 2/2 connection with Noonmati P.S. Case No. 229/2024, under Section 20(b)(ii)(B) of NDPS Act, since 20.11.2024, for grant of bail. 3. It is to be noted here that, above noted case has been registered on the basis of an FIR lodged by one, Sri Abdul Momim Sub Inspector of Police of Noonmati Police Station, on 20.11.2024. The essence of allegation, against the present accused is that acting on a tip off, search was conducted in her shop and recovered 1.680 kgs of Ganja from her possession and the same was seized in presence of witnesses. 4. The learned counsel for the accused submits that the accused is arrested on 20.11.2024, and she is behind the bar for last 69 days and the mandatory period of detention is of 60 days and till date no charge-sheet has been submitted and as such, she is entitled to default bail. 5. Mr. B. Srama, learned Additional Public Prosecutor submits that as per his information the I.O. has not submitted charge-sheet till date. 6. In view of the above, this Court is the of view that the accused is entitled to default bail and accordingly, it is provided that on furnishing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Special Judge(NDPS), Kamrup(M), the accused shall be enlarged on bail. 7. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant