Page No.# 1/4 GAHC010047912025 2025:GAU-AS:2514 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./657/2025 SHAHID MARBANIANG @ PAI S/O SRI KHALIL MARBANIANG, C/O SRI DINESH DEKA, R/O 14TH MILE TAMULIKUCHI,P.S.SONAPUR, DIST.KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 10.03.2025 Heard Mr. N Ahmed, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Shahid Marbaniang @ Pai, son of Sri Khalil Marbaniang, C/O-Sri Dinesh Deka, resident of 14th Mile Tamulikuchi, P.S.-Sonapur, District-Kamrup(M), filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in Basistha Police Station Case No. 19/2025 under Sections 305(A)/317(2)/ 111(3) of BNS, 2023 read with Section 21(b) of the NDPS Act, corresponding to G.R. No. 155/2025, in which he was arrested on 09.01.2025 and is in custody since then. 3. It is submitted by Mr. N Ahmed, learned counsel for the petitioner that as on today, the petitioner has completed 60 days in custody in said Basistha P.S. Case No. 19/2025. 4. On being enquired, Mr. B Sharma, learned Additional Public Prosecutor, Assam, on instruction, submitted that Charge-Sheet in said Basistha P.S. Case No. 19/2025 has not been filed till date. 5. From the FIR as well as Forwarding Report of the accused person annexed to this bail application, it is seen that police recovered NDPS items from the house of the petitioner, which he had taken on rent from one Mr. Dinesh Deka and the petitioner did not give/furnish his full and complete residential address. 6. Police did not submit charge-sheet in said Basistha P.S. Case No. 19/2025 till date and considering his detention since 09.01.2025, the petitioner has completed his statutory/mandatory period of detention of 60 days. 7. As such, the petitioner, Shahid Marbaniang @ Pai, son of Sri Khalil Marbaniang, is entitled for his default bail in said Basistha P.S. Case No. 19/2025. Page No.# 3/4 8. Accordingly, the petitioner, namely, Shahid Marbaniang @ Pai, son of Sri Khalil Marbaniang be released on default bail in said Basistha P.S. Case No. 19/2025, on furnishing a bail bond of Rs.1,00,000/-, 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), Kamrup (Metro) on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Basistha P.S. Case No. 19/2025 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), Kamrup (Metro) on or before 17.03.2025; (iii) shall not leave the jurisdiction of the learned Special Judge (NDPS), Kamrup (Metro), without obtaining prior written permission from the said authority; (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 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. 9. It is also made clear that in the event of filing of charge-sheet in said Basistha Police Station Case No. 19/2025 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. 10. Failure on the part of the petitioner, Shahid Marbaniang @ Pai, to comply with any of the aforesaid terms and conditions, the bail granted to him in aforesaid Basistha P.S. Case No. 19/2025 shall stand automatically vacated. 11. Bail application accordingly stands allowed to the extent above. Page No.# 4/4 JUDGE Comparing Assistant