Page No.# 1/3 GAHC010031592025 2025:GAU-AS:4858 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./654/2025 MOYNAL HOQUE S/O- LATE IBRAHIM SHEIKH R/O BAHATI PART II PO BAHATI PS MATIA DIST- GOALPARA ASSAM PIN- 783125 VERSUS THE STATE OF ASSAM TO BE REP BY THE PP ASSAM ------------ Advocate for : MR H R A CHOUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 23.04.2025 Heard Mr. I U Choudhury, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/3 2. The petitioner, namely, Moynal Hoque, son of late Ibrahim Sheikh, resident of village- Bahati Part-II, P.S.-Matia, District-Goalpara, filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in Matia Police Station Case No. 70/2024 under Sections 22(C)/29 of the NDPS Act, corresponding to G.R. No. 1011/2024, in which he was arrested on 24.10.2024 along with two others, Saddam Ali and Eusub Ali Mollah and is in custody since then. 3. Considering his arrest on 24.10.2024 in said Matia P.S. Case No. 70/2024, the petitioner has already completed 182 days in custody till date. 4. On being enquired, Mr. B Sharma, learned Additional Public Prosecutor, Assam, on instruction, submitted that due to non-receipt of the FSL report, Charge-Sheet in said Matia P.S. Case No. 70/2024 has not been filed till date. 5. Mr. B Sharma, learned Additional Public Prosecutor, Assam also submitted that the concerned Investigating Officer of the case did not file any application for extension of the detention of the petitioner for necessary investigation of said Matia P.S. Case No. 70/2024. 6. As such, the petitioner is entitled for his default bail in said Matia P.S. Case No. 70/2024. 7. Accordingly, the petitioner, namely, Moynal Hoque, son of late Ibrahim Sheikh be released on default bail in said Matia P.S. Case No. 70/2024, on furnishing a bail bond of Rs.50,000/-, with 2 (two) local sureties each of the like amount, one of which shall be a State or Central Government Employee, to the satisfaction of the learned Special Judge (NDPS), Goalpara on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Matia P.S. Case No. 70/2024 as and when he is required for necessary investigation of the said case; (ii) shall submit his passport, if any, before the learned Special Judge (NDPS), Goalpara on or before 03.05.2025; (iii) shall not leave the territorial jurisdiction of Matia Police Station, without obtaining prior written permission from the learned Special Judge (NDPS), Goalpara; (iv) shall not hamper with the investigation, or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person Page No.# 3/3 acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (vi) shall not indulge himself in any offence or any criminal activities in future, including possession, transportation and selling of any such NDPS items. 8. It is also made clear that in the event of filing of charge-sheet in said Matia P.S. Case No. 70/2024 against the petitioner and on cognizance of offence being taken by the concerned Trial Court, the petitioner shall appear before the said Trial Court on the dates fixed. 9. Failure on the part of the petitioner, Moynal Hoque, to comply with any of the aforesaid terms and conditions, the bail granted to him in aforesaid Matia P.S. Case No. 70/2024 shall stand automatically vacated. 10. Bail application accordingly stands allowed to the extent above. JUDGE Comparing Assistant