Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010048452025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./704/2025 SONU MISHRA AND ANR S/OLT. KAILASHPATI MISHRA R/O ZAMNIYA P.S. ZAMNIYA PIN-232329 DIST. GAZIPUR, UTTAR PRADESH. 2: MANOJ KUMAR S/O SURESH VINOD VILL-VIDYAPARA CHAUKIYA P.S. GAZIPUR PIN-233002 DIST. GAZIPUR
UTTAR PRADESH VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA,MR H DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 03.04.2025
Heard Ms. T. Som, learned counsel for the petitioners. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State. 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Sonu Mishra and Manoj Kumar, have prayed for bail in connection with Guwahati GRPS Case No. 20/25 under Section 20(b)(ii)(B)/29 of NDPS Act. 3. It has been submitted by the learned counsel for the petitioners that the petitioners have been detained in custody for last 55 days since their arrest on 08.02.2025. It is also submitted that the contraband recovered from the possession of the petitioners which appears to be intermediate quantity. Considering the length of detention as well as the background of the case, the petitioners may be enlarged on bail. 4. Mr. Barthakur, learned Additional Public Prosecutor for the State has produced the case diary without FSL report and submits that intermediate quantity of ganja was recovered from the possession of the petitioners. However, length of detention may be considered. 5. I have considered the submissions made by the parties. I have
Page No.# 3/4 also perused case diary. 6. The case diary reveals that case is pending for collection of FSL report. Considering the length of detention, this Court is inclined to grant bail to the petitioners. 7. Accordingly, the petitioners, named above, shall be released on bail in connection with Guwahati GRPS Case No. 20/25 under Section 20(b)(ii)(B)/29 of NDPS Act, on furnishing bail bond of Rs.50,000/- each with two suitable sureties each of the like amount, out of which, one of the sureties should be a Government employee of the State of Assam, to the satisfaction of learned Special Judge, Kamrup(M), Guwahati, Assam. 8.
The direction for bail is further subject to the conditions that the petitioners: (a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup(M), Guwahati, Assam without prior written permission from him/her; (b) 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; (c) shall not commit such offence as alleged in the FIR in future. 9. Breach of any of the above conditions, shall tantamount to cancellation of bail. 10. In the view of the above, the bail application stands disposed
Page No.# 4/4 of. 11. Send back the case diary. JUDGE Comparing Assistant