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2025 DAILYLAW 6890 (GAU)

KARTIK SAH v. THE STATE OF ASSAM

Bail Appln./323/2025 · 2025-03-10

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010022012025 2025:GAU-AS:2570 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./323/2025 KARTIK SAH S/O- LILADHAR SAH, RESIDENT OF VILL- NEW BONGAIGAON, GANG QUARTER, P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS,MR. A BURAGOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 11-03-2025 Heard Mr. M. Khan, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Kartik Sah, son of Liladhar Sah, resident of Village-New Bongaigaon, Gang Quarter, Police Station-Bongaigaon, District- Bongaigaon, has filed this application under Section 483 BNSS, 2023, on 04.02.2025 seeking bail in Bongaigaon Police Station Case No.09/2025 corresponding to G.R. No. 21/2025 registered under Section 21(b) of the NDPS Page No.# 2/3 Act, in which, he was arrested on 08.01.2025 and is in custody since then. 3. Matter relates to recovery of 11 grams of suspected brown sugar in one black colour plastic (polythene) from the conscious possession of the petitioner during body search of the petitioner near Menon School, Dolaigaon. 4. It is submitted that since 08.01.2025 the petitioner is in custody and he has already completed the statutory period of 60 days in custody today and that the prosecution has not filed any charge sheet in the case till date. 5. On being enquired, Mr. Sarma, learned Addl. PP, Assam submitted that the case diary is with him and the charge sheet in said Bongaigaon P.S. Case No.09/2025 has not been filed till date. 6. Since 08.01.2025, the petitioner is in custody till date for about 60 days. In view of the above, the petitioner is entitled for his default bail in said Bongaigaon P.S. Case No.09/2025. 7. Accordingly, the petitioner, namely, Kartik Sah, son of Liladhar Sah is granted default bail in said Bongaigaon P.S. Case No.09/2025 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties each of the like amount, to the satisfaction of the learned Special Judge (NDPS), Bongaigaon on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Bongaigaon P.S. Case No.09/2025 as and when he is required for necessary investigation of said Bongaigaon P.S. Case; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS), Bongaigaon on or before 19.03.2025; (iii) shall not leave the territorial jurisdiction of the learned Special Page No.# 3/3 Judge (NDPS), Bongaigaon, without obtaining prior written permission from the said authority; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) 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 and (vi) shall not indulge himself in any such criminal activities including possession or procurement, transportation and selling etc., of such NDPS items, failing which, the bail granted to him in said Bongaigaon P.S. Case No.09/2025 shall stand automatically vacated. 8. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Bongaigaon P.S. Case No.09/2025 shall stand automatically vacated. 9. Bail application stands allowed to the extent above. 10. Return the case diary. JUDGE Comparing Assistant