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2025 DAILYLAW 6361 (GAU)

LAL MIAH @ LALMIAH SK v. THE STATE OF ASSAM

Bail Appln./227/2025 · 2025-03-17

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010014582025 2025:GAU-AS:2851 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./227/2025 LAL MIAH @ LALMIAH SK S/O INTER ALI VILL-JHALERALGA PT.I P.S. GAURIPUR DIST.DHUBRI,ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M MONDAL, MR M CHOUDHURY,MR D C NATH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 18.03.2025 Heard Mr. M. Mondal, learned counsel appearing for the accused petitioner as well as Ms. N. Das, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused- Page No.# 2/3 petitioner, namely, Lal Miah @ Lalmiah Sk, has prayed for grant of bail in connection with Gauripur P.S. Case No.758/2020 under Sections 22(b) of NDPS Act pending in the Court of learned Special Judge (Addl.), Dhubri. It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 73 days since his arrest on 03.01.2025. The quantity of Narcotic drugs recovered from his possession are of intermediate quantity. Charge-sheet has already been laid. Considering, the length of detention and acquisition spelt out against the petitioner, the petitioner may be released on bail. Ms. N. Das, learned Additional Public Prosecutor has submitted that the contraband recovered from the possession of the petitioner falls under intermediate quantity. But charge has not yet been framed. However, she has made objection in granting bail to the petitioner. In view of the submission of learned counsel for both the parties and considering the fact that Charge-sheet has been laid and further the investigating agency has got sufficient opportunity to interrogate the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of learned Special Judge(Addl.), Dhubri. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge (Addl.), Dhubri without prior written permission from him/her; (b) 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 him from disclosing such facts to the Court. Page No.# 3/3 In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant