Page No.# 1/4 GAHC010037022025 2025:GAU-AS:4994 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./510/2025 MANIK SINGHA S/O MANINDR ASINGHA R/OVILL-BHOLAGURI P.S. AMTALA, BISHRAMGANJ DIST.SEPAHIJALA, TRIPURA, PIN-799103. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 25.04.2025 1. Heard learned Counsel Mr. A.Chaudhary for the petitioner Manik Singha who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 19.10.2022 in connection with Special (NDPS) Page No.# 2/4 Case No. 153/2022 arising out of Bazarichera PS Case No. 187/2022 under Sections 20(b)(ii)(C)/25/29 of the NDPS Case. 2. Learned Addl.Public Prosecutor Mr. R.J.Baruah is present for the respondent State. 3. It is submitted on behalf of the petitioner that earlier his bail petition was rejected vide order dated 19.12.2023 passed in Bail Application No. 1618/2023 by this Court. A direction was also given to the trial court to make an endeavour to dispose of the case without procrastination. Now, after one year four months, the petitioner has prayed for bail. He has been languishing behind bars for 2 years 6 months and 6 days and so far only one witness has been examined. 4. It is also submitted on behalf of the petitioner that eight witnesses are enlisted and in a span of 2 years 6 months, only one witness has been examined and culmination of trial appears to be remote. The petitioner has relied on the decision of the Hon’ble Supreme Court in the case of Rabi Prakash –vs- State of Orissa reported in 2023 SCC Online 1109 wherein it has been observed in paragraph 4 that: “ 4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent – State has been duly heard. Thus, the 1st condition stands complied with. So far as the 2nd condition re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty, the same may not be formed at this stage when he has already spent more than three and a half years in custody. The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act.” Page No.# 3/4 5. Petitioner has also relied on the decision of the Hon’ble Supreme Court in the case of Zakir Islam –vs- State of Assam passed in SLP (Crl.) No. 3632/2024 wherein vide order dated 15.07.2024, the petitioner Zakir Islam was enlarged on bail after incarceration of one year 6 months. 6. Learned Addl.Public Prosecutor has raised serious objection stating that the petitioner was in a truck which was transporting 3192 Kgs of ganja. The offence is of grave nature. The petitioner is not a local resident and he is thus a flight risk. The rigours of Section 37 of the NSPS Act fetters the bail petition. 7. I have considered the submissions at the Bar with circumspection. 8. I have also scrutinized the trial court records and the scanned copy of the Case Dairy. 9. It is true that the petitioner was intercepted while he was transporting 3192 Kgs of Ganja. The petitioner has denied his involvement in transportation of the contraband. It is also true that the petitioner is facing trial and charge has been framed against him. 10. I have considered the length of detention and it appears that trial is being procrastinated by the trial or by the Court. I have also relied on the cases of Rabi Prakash (Supra) and Zakir Islam (supra). There are eight witnesses and in a span of 2 years 6 months, only one witness has been examined. 11. In the wake of the foregoing discussion, it is held that bail may be considered. 12. Considering all aspects, prayer for bail is allowed. Page No.# 4/4 13. The petitioner named above shall be released on bail on furnishing bail bond of Rs.1,00,000/- ( One Lac) with two suitable sureties of like amount to the satisfaction of the learned trial court subject to the following conditions: i) The petitioner shall not jump bail and shall co- operate with the trial, ii) The petitioner shall refrain from such activities of which he is alleged, iii) The petitioner shall not exercise threats to the witnesses or try to influence them. 14. On breach of any of the above conditions, learned trial court is at liberty to immediately cancel bail granted to the petitioner. 15. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant