Page No.# 1/3 GAHC010028272025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./409/2025 RUBEL AHMED BORBHUIYA S/O SOMIJ UDDIN BARBHUIYA @ SAMIR UDDIN BARBHUIYA BORBHUIYA R/O VILLAGE KASHIPUR, PART- II, PS- SILCHAR, DIST CACHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,MR. A AHMED,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 13.03.2025 1. Heard Mr. M. A. Choudhury learned counsel for the petitioner Rubel Ahmed Borbhuiya. 2. The petitioner has filed this application under Section 483 of the BNSS, Page No.# 2/3 2023 with prayer for bail as he is behind bars since 19.03.2022 in connection with Special NDPS Case No. 47/2024 arising out of Karimganj P.S. Case No. 190/2022 under Sections 22(C)/25/29 of the NDPS Act. 3. Heard Ms. S. H. Bora, learned Additional Public Prosecutor, Assam for the respondent State. 4. It is submitted on behalf of the petitioner that he has been behind bars for 2 years 11 months. His right to personal liberty has been infringed as only 3 out of 11 witnesses have been examined so far. He is only 23 years old and he is the sole bread winner of his family. On the relevant day, he was taking a lift in the vehicle which was then intercepted and searched and 10,000 Yaba tablets were recovered from the vehicle. It is submitted that the petitioner was not aware that the vehicle was transporting contraband. The petitioner has also prayed for bail on the ground of parity as the co-accused Sajan Ahmed Borbhuiya has already been enlarged on bail by this Court vide order dated 04.12.2024 in connection with B.A. 2881/2024. It is further submitted that possibility of conclusion of trial appears to be remote due to the procrastination of this case by the Court as well as by the prosecution, as the up-to-date status report of the pendency of trial clearly reveals that recently, no witness has been examined after the 3rd witness was examined on 12.04.2024. 5. Learned Additional Public Prosecutor has raised objection stating that considering the gravity of offence, the petitioner is not entitled to bail on the ground of length of detention or on the ground of parity. Huge cache of metaphetamine was recovered. It is also submitted that the commercial quantity of metaphetamine tablets is only 50 gms, wherein in this case, 1.002 kgs of tablets were recovered from his possession. The submission that the procrastination of trial outweighs the rigours of Section 37 of the NDPS Act Page No.# 3/3 cannot be accepted at this stage. 6. I have considered the submission at the Bar with circumspection. It appears that trial has indeed been dragging on with leaden feet but 8 witnesses are yet to be examined. It is submitted that charge-sheet is very clear and no earlier criminal antecedent could be projected by the prosecution. It is also submitted that the petitioner is a young lad of 23 years with a family. 7. It is further submitted that the petitioner is willing to co-operate with the trial. The petitioner being a local resident is not a flight risk. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.1,00,000/- with two local sureties of like amount to the satisfaction of the learned Trial Court under the conditions that: (i) The petitioner shall co-operate with the trial, (ii) The petitioner shall refrain from such activities with which he is alleged, and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. 9. The learned Trial Court may also impose additional conditions to secure the attendance of the petitioner. 10. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant