Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7792 (GAU)

MD ABDUL KARIM v. THE STATE OF ASSAM

Bail Appln./475/2025 · 2025-04-01

Mitali Thakuria

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010033882025 2025:GAU-AS:3891 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./475/2025 MD ABDUL KARIM S/O JAMAL UDDIN R/O VILL- 2 NO. KARUNABARI P.S. LALUK DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 02.04.2025 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Laluk P.S. Case No. 29/2025 (corresponding to G.R. No. 110/2025), under Sections 21(b)/20(b)(ii)B/29 of NDPS Act, 1985. Case Diary has been received. Perused the same. Heard both sides. It is submitted by Mr. Chowdhury, learned counsel for the petitioner, that the present accused/petitioner is behind the bar since 02.02.2025 and today is 60 days in custody and hence, he is entitled for default bail. In that context, Mr. Das, learned Additional Public Prosecutor, submitted that there are sufficient incriminating materials against the present accused/petitioner in the Case Diary. However, on enquiry made by him, it was intimated by the I.O. that the charge-sheet has already been submitted in the present case. Considering the submissions made by the learned counsels for both sides and also considering the fact that the I.O. failed to file the charge-sheet within the stipulated period of 60 days, without going into the detail of the merit of the case, I find it a fit case to extend the privilege of bail to the accused/petitioner. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the Page No.# 3/3 satisfaction of the learned Special Judge, Lakhimpur, North Lakhimpur, the accused/petitioner, namely, Md. Abdul Karim, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for; (ii) that the petitioner 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Lakhimpur, North Lakhimpur, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant