Page No.# 1/3 GAHC010017602025 2025:GAU-AS:1914 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./270/2025 SOFIQUL ISLAM AND ANR S/O ABU SHAMA MANDAL R/O VILL- KATHURI P.S. LAKHIPUR DIST.GOALPARA, ASSAM 2: BAHARUL ISLAM S/O NUR ISLAM R/O VILL-SHILAPANI P.S.LAKHIPUR DIST.GOALPARA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : DR. B N GOGOI, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24.02.2025 Heard Dr. B. N. Gogoi, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, who have been arrested in connection with Lakhipur P.S. Case No. 252/2024, under Sections 22(c)/29 of NDPS Act (corresponding to GR Case No. 965/2024). Mr. Borthakur, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the case has already been Charge-Sheeted, vide Charge-Sheet No. 179/2024, dated 12.12.2024. In this context, Mr. Gogoi, learned counsel for the petitioners, submitted that from the Charge-Sheet as well as the order passed by the learned Trial Court, it appears that the Charge-Sheet has been filed without collecting the FSL Report by the I.O. which may be one of the grounds for considering the bail. In this context, he relied on a decision of Hon’ble Supreme Court passed in Mohd. Arbaz & ors. Vs. State of NCT of Delhi [2024 Legal Eagle (SC) 647]. Page No.# 3/3 Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge- Sheet No. 179/2024, dated 12.12.2024, the accused/petitioners are hereby directed to appear before the learned Court below with an appropriate application for bail, which shall be considered by the learned Court below in accordance with law. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant