Page No.# 1/3 GAHC010019642025 2025:GAU-AS:2417 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./281/2025 MD FULJAR ALI S/O LATE ASKOR ALI VILL -KHANAJAN, P.S. LAKHIMPUR DIST.NORTH LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N ZAMAN, I AMIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 07/03/2025 Heard Mr. N Zaman, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Md. Fuljar Ali, son of Late Askor Ali, resident of Village-Khanajan, P.S. Lakhimpur, District-North Page No.# 2/3 Lakhimpur, seeking bail in North Lakhimpur Police Station Case No. 356/2024 registered under Sections 21(b)/29 of NDPS Act corresponding to G.R. No. 939/2024, wherein he was arrested on 07.01.2025 and is in custody since then. 3. Matter relates to recovery of 62.88 gms. of Heroin from the co-accused of the case, who purchased the same from the petitioner. 4. Since 07.01.2025, the petitioner is in custody for 59 days as on today. 5. Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that the case diary is available with him, but the FSL report is awaited. As such, charge-sheet in the case could not be submitted till date. 6. On being enquired, Mr. Sarma, learned Additional Public Prosecutor, Assam, on instruction submitted that there is no possibility of receiving the FSL report by today, i.e., 07.03.2025 and also there is no possibility of filing of the charge-sheet by tomorrow, i.e., 08.03.2025 being a holiday on account of 2nd Saturday or day after tomorrow, i.e., 09.03.2025 being a holiday on account of Sunday and in the meanwhile, by tomorrow, i.e., 08.03.2025, the petitioner shall complete the statutory/mandatory period of 60 days in custody in said North Lakhimpur P.S. Case No. 356/2024. 7. In view of the above, the petitioner is entitled for his bail in said North Lakhimpur P.S. Case No. 356/2024. 8. Accordingly, the petitioner, namely, Md. Fuljar Ali, son of Late Askor Ali, is granted bail in said North Lakhimpur P.S. Case No. 356/2024 registered under Sections 21(b)/29 of NDPS Act corresponding to G.R. No. 939/2024, on furnishing a bail bond of Rs.1,00,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government Employee, either Central or State Government, to the satisfaction of the learned Special Judge (NDPS), Lakhimpur at North Lakhimpur, on conditions that the petitioner — (i) shall appear before the Investigating Officer of said North Lakhimpur P.S. Case No. 356/2024 as and when he is required for necessary investigation of the case; (ii) shall not leave the jurisdiction of the North Lakhimpur P.S. without obtaining prior written permission from the Investigating Officer of said North Lakhimpur P.S. Case No. 356/2024; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 them from disclosing such facts to the Court or to any police officer; (v) shall Page No.# 3/3 not indulge himself in any criminal activities in future, including possession or procurement of such NDPS items and (vi) shall surrender his passport, if any, before the learned Special Judge (NDPS), Lakhimpur at North Lakhimpur, on or before 18.03.2025, obtaining necessary acknowledgment in that regard. 9. It is also made clear that in the event of filing of charge-sheet in said North Lakhimpur P.S. Case No. 356/2024 against the petitioner and on cognizance of offence being taken by the concerned Trial Court, the petitioner shall appear before the concerned Trial Court on the dates fixed. 10. Violation of any of the aforesaid conditions by the petitioner, Md. Fuljar Ali, the bail granted to him in said North Lakhimpur P.S. Case No. 356/2024 shall stand automatically vacated. 11. This bail application accordingly stands disposed of with the above directions. JUDGE Comparing Assistant