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2025 DAILYLAW 7207 (GAU)

SRI PRABHA SHANKAR TIWARI v. THE UNION OF INDIA AND ORS

Bail Appln./341/2025 · 2025-02-11

Robin Phukan

body2025

Judgment text

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Page No.# 1/2 GAHC010026902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./341/2025 SRI PRABHA SHANKAR TIWARI S/O SWAMI DAYAL TIWARI RESIDENT OF 551 K 252 BHILAWAN PO AND PS ALAMBAGH DISTRICT LUCKNOW UTTAR PRADESH, 226005 VERSUS THE UNION OF INDIA AND ORS REPRESENTED BY THE DEPUTY SOLICITOR GENERAL OF INDIA 2:NARCOTICS CONTROL BUREAU GUWAHATI ZONAL UNIT VIP ROAD RUPKONWAR PATH CHACHAL KHANAPARA GUWAHATI 78102 Advocate for the Petitioner : MR A K BORO, MR. R. RAMEEZ,MR. S MITRA,MR S.MITRA Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 12.02.2025 Heard Mr. S. Mitra, learned counsel for the accused and also heard Mr. S.C. Keyal, learned Standing Counsel, NCB, for the respondent. 2. This application, under Section 483 of the BNSS, is preferred by accused, namely, Sri Prabha Shankar Tiwari, who has been languishing in jail hazoot in connection with NDPS Case No. 49/2022, corresponding to NCB Crime No. Page No.# 2/2 25/2021, registered under Sections 8(c)/21(c)/29/35/53(A)/54/60/66/67/68/69 of the NDPS Act, since 25.09.2021, for granting interim bail for a period of 20 days so as to enable him to attend the marriage ceremony of his eldest son to be solemnized on 06.03.2025. 3. Mr. Mitra, learned counsel for the accused submits that the accused has been languishing in jail hazot since 25.09.2021. Mr. Mitra further submits that the trial is going on and that this application is preferred for granting only interim bail so as to enable him to attend the marriage ceremony of his eldest son to be solemnized on 06.03.2025. Therefore, it is contended to allow this petition. 4. On the other hand, Mr. Keyal, learned Standing Counsel, NCB submits that he has no objection in granting interim bail to the present accused for a period of 20 days so as to enable him to attend the marriage ceremony of his eldest son to be solemnized on 06.03.2025. 5. Perused the petition and the documents placed on record at page Nos. 125 – 128, Annexure – 16 series. 6. Taking note of the submission of learned counsel for both the parties and also considering the given facts and circumstances on the record, this court is inclined to allow this petition, on furnishing a bond of Rs. 1,00,000/- to the satisfaction of learned Additional Sessions Judge No. 2, Kamrup (M) at Guwahati, the accused shall be released on interim bail for a period of 20 days, w.e.f. 17.02.2025 till 12.03.2025. 7. The accused shall surrender before the learned trial court in the afternoon of 12.03.2025. 8. In terms of above, this BA stands disposed of. JUDGE Comparing Assistant