Page No.# 1/3 GAHC010020842025 2025:GAU-AS:1265 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./262/2025 SRI GAUTAM BARUAH S/O LATE PRASANNA BARUAH, R/O VILLAGE DERGAON, MOUZ ADARALI, P.O. AND PS. DERGAON, DISTRICT GOLAGHAT, ASSAM, PRESENTLY RESIDING AT MORIDHAL JAMUGURI, PS. AND DISTRICT DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM, REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M SAIKIA, MR. B K GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 07.02.2025 Heard Mr. B.K. Gogoi, learned counsel for the accused and Mr. K. Baishya, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, is preferred by accused, namely, Sri Gautam Baruah, who has been languishing in jail hazot, in connection with Special (NDPS) Case No. 13/2019, pending before the Court of learned Special Judge, Dhemaji arising out of Dhemaji P.S. Case No. 390/2018, under Section 21/27 of NDPS Act, for grant of bail. 3. It is to be noted here that, above noted case has been registered on the basis of one FIR lodged by one, S.I. Atul Saikia, on 09.11.2018. The allegation in the F.I.R, dated 09.11.2018, is that acting on a tip off, the informant has conducted search in the house of Sri Bidyut Buraghoain, and apprehended accused Smti Dipu Gogoi and recovered suspected Heroine in one container and seized the contraband substances in presence of witness and also apprehended one consumer namely, Manash Doloi. 4. Mr. Gogoi, learned counsel for the accused submits that the case is already charge-sheeted, and the case is pending before the learned Special Judge, Dhemaji and at the stage of farming of charge and then the accused defaulted for which non-bailable warrant of arrest was issued against him. 4.1. Mr. Gogoi, learned counsel for the accused further submits that the accused was in rehabilitation Center at Dibrugarh and he was admitted thereon 14.08.2024, for consuming illicit drugs and thereafter he had appeared before the learned Special Judge, Dhemaji voluntarily, but the learned Special Judge, Dhemaji taken him into custody. 4.2. Mr. Gogoi, learned counsel for the accused submits that he will appear before the learned trial Court on each and every day and therefore, it is contended to allow this petition. 5. Per Contra Mr. Baishya, learned Additional Public Prosecutor shall Page No.# 3/3 obtain necessary instruction, apprise this Court that the contraband substance recovered from the co-accused is of 1.90 grams only. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petition and the documents placed on record. It appears that the accused was taken into custody on 20.11.2024, on account of his failing to appear before the learned trial Court on date fixed, for which non-bailable warrant of arrest was also issued against him. But from the documents enclosed with the petition specially Annexure-6, indicates that the accused was admitted at New Life Rehab Center at Dibrugarh, and he was undergoing treatment there as per instruction of psychiatrist Doctor. 7. Having considered all the facts and circumstances and on the assurance being given by learned counsel for the accused that the accused is appeared before the learned Special Judge, Dhemaji on each and every day, this Court is inclined to allow this petition. 8. 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, Dhemaji, the accused shall be enlarged on bail. 9. In terms of above, this bail petition stands disposed of. JUDGE Comparing Assistant