Page No.# 1/3 GAHC010031512025 2025:GAU-AS:3967 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./587/2025 BABUL HUSSAIN S/O MD. MALEK MIAH R/OVILL- NABINAGAR P.S. BISHALGARH, PIN-799102 DIST.SIPAHIJELA, TRIPURA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PAUL, MD. M. ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 03.04.2025 1. Heard Mr. A.Paul, learned counsel for the petitioner Babul Hussain who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail since he is behind the bars from 11.11.2022 Page No.# 2/3 in connection with NDPS Case No.11/2023 arising out of Rangiya GRPS Case No. 43/2022 under Sections 20(b)(ii) (C) of NDPS Act. 2. It is submitted that since 27.02.2024, there has been no progress of trial. 07 (Seven) witnesses have been examined so far, out of 10 (ten) enlisted witnesses. It appears that conclusion appears to be remote as not a single witness has been examined after 27.02.2024. 3. Heard learned Additional Public Prosecutor Mr. K.Baishya for the respondent State who has raised serious objection stating that this case is at the fag end of trial. The petitioner has been facing trial as contraband was recovered from his possession. 4. I have considered the submissions at the Bar. 5. I have scrutinized the trial court records. 6. It is true that the last witness was examined on 27.02.2024 i.e. about a year ago. The petitioner is behind the bars for almost two years 5 months. 51.662 kgs of Ganja was allegedly recovered from his possession. 7. It is submitted that the petitioner is willing to co-operate with the trial. It is further submitted that the petitioner is willing to abide by any stringent conditions if imposed upon him. It appears that trial has been procrastinated by the State or by the court and inordinate delay in conclusion of the trial has been caused not by the petitioner. Thus, keeping the petitioner under incarceration for a prolonged period and delay in culmination of trial would lead to infringement of fundamental right guaranteed under Article 21 of the Constitution of India. 8. I have also considered the peculiar facts and circumstances of this case. Page No.# 3/3 9. Considering all the aspects, the prayer for bail is allowed. 10. The petitioner named above shall be enlarged on bail on furnishing a bail bond of Rs.1,00,000/- ( Rupees One lac) with 02(two) suitable sureties of like amount to the satisfaction of the learned trial court under the following conditions that:- (i)The petitioner shall not jump bail, (ii) The petitioner shall co-operate with the trial. 11. On breach of any of the bail conditions, learned trial court is at liberty to immediately cancel the bail granted to the petitioner. 12. In terms of the above observations, the Bail Application stands disposed of. JUDGE Comparing Assistant