Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010038072025
2025:GAU-AS:3839
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./528/2025 ANOWAR ALI @ ANOWAR HUSSAIN S/O RAJEK MANDAL @ RAJEK ALI R/O VILL-FUHURTOLI, DHANBARI P.S. SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER 01-04-2025 Heard Ms. J. Begum, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Anowar Hussain @ Anowar Ali, son of Rajek Mandal @ Rajek Ali, resident of Village-Fuhurtoli, Dhanbari, Police Station-Sipajhar, District-Darrang, Assam, has filed this application under Section 483 BNSS, 2023 on 20.02.2025 seeking bail in
Page No.# 2/3 Baihata Chariali Police Station Case No. 25/2025 registered under Sections 20(b)(ii)/ (B)/29 of the NDPS Act, corresponding to G.R. No.66/2025, in which he was arrested on 30.01.2025 and is in custody since then. 3. Matter relates to recovery of 1.468 Kgs of Ganja from the possession of the petitioner and another. 4. It is submitted that since 30.01.2025 the petitioner is in custody and he has already completed the statutory period of 60 days in custody today and that the prosecution has not filed any charge sheet in the case till date. 5. On being enquired, Mr. Goswami, learned Addl. PP, Assam submitted that due to non receipt of FSL report, charge-sheet in said Baihata Chariali P.S. Case No. 25/2025 could not be filed till date. 6. Since 30.01.2025, the petitioner has been in custody till date for about 60 days. In view of the above, the petitioner is entitled for his default bail in said Baihata Chariali P.S. Case No. 25/2025. 7. Accordingly, the petitioner, namely, Anowar Hussain @ Anowar Ali, son of Rajek Mandal @ Rajek Ali is granted default bail in said Baihata Chariali P.S. Case No. 25/2025 on furnishing a bail bond of Rs.
50,000/- with two local sureties each of the like amount, to the satisfaction of the learned Special Judge (NDPS)-cum-Additional Sessions Judge, Kamrup at Rangia on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Baihata Chariali P.S. Case No. 25/2025 as and when he is required for necessary investigation of said Baihata Chariali P.S. Case; (ii) shall surrender his passport, if any, before the learned Special Judge (NDPS)- cum-Additional Sessions Judge, Kamrup at Rangia on or before 10.04.2025; (iii) shall not leave the territorial jurisdiction of the Baihata Chariali Police Station, without obtaining prior written permission from the learned Special Judge (NDPS)-cum-Additional Sessions Judge, Kamrup at Rangia; (iv) shall not hamper with the investigation or tamper with the evidence of the
Page No.# 3/3 case; (v) 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 them from disclosing such facts to the Court or to any police officer and (vi) shall not indulge himself in any criminal activities including possession or procurement, transportation and selling etc., of such NDPS items. (vii) in the event of filing the charge-sheet against the petitioner in said Baihata Chariali P.S. Case No. 25/2025 corresponding to G.R. No. 66/2025, he shall appear before the concerned Trial Court, i.e., the Court of learned Special Judge (NDPS)-cum-Additional Sessions Judge, Kamrup at Rangia on the dates fixed and shall participate in the trial of the said case, without fail till its conclusion. 8. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Baihata Chariali P.S. Case No. 25/2025 shall stand automatically vacated. 9. This bail application accordingly stands disposed of. JUDGE Comparing Assistant