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2025 DAILYLAW 6831 (GAU)

ARUP RABHA v. THE STATE OF ASSAM

Bail Appln./278/2025 · 2025-02-13

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010020622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./278/2025 ARUP RABHA S/O KANDARPA RABHA R/OLOHARGHAR, NEAR LOHARGHAT, FIELD, P.S. PALASHBARI, DIST.KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. A. MEDHI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 14 .02. 2025 Heard Ms. A. Medhi, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Addl. PP for the State respondent. This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Garchuk P.S. Case No. 07/2025 under Sections 20(b)(ii)(B)/ 29 of the NDPS Act. Page No.# 2/3 Case diary is received without FSL. The case diary is perused. The matter relates to recovery of 2.721 K.Gs of ganja from the possession of the petitioner. The learned counsel for the petitioner has submitted that the quantity of ganja is below commercial quantity and the petitioner has been detained in custody for last 39 days since the date of his arrest on 07.01.2025. Considering the length of detention, petitioner may be enlarged on bail. The learned Additional Public Prosecutor, on the other hand, has produced the case diary and has submitted that the case is pending for FSL report. However, length of detention may be considered. Considering the submission of the learned counsel for the parties, and on perusal of the case diary, it reveals that further custodial interrogation of the petitioner is not required for the purpose of investigation of the case. Hence, this Court is inclined to grant bail to the petitioner. It is directed that the accused/ petitioner namely Sri Arup Rabha shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) with one surety of like amount to the satisfaction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused- petitioner: (1) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS), Kamrup (Metro), Guwahati without prior written permission from him/ her. Page No.# 3/3 (2) shall not hamper with the investigation and tamper with the evidence of the case; and (3) 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 or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant