Page No.# 1/3 GAHC010048972025 2025:GAU-AS:4142 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./680/2025 RUFIDA KHATUN W/O ALKAS ALI @ NADU, RESIDENT OF VILLAGE HALAPAKURI, PS HOWLY, DIST- BARPETA, 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, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 04-04-2025 Heard Mr. N. Ahmed, the learned counsel for the petitioner and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 27.01.2025 in connection with Howly P.S. Case No. 27/2025 u/s 21(b)/29 of NDPS Act, 1985. 3. Case Diary is received. Perused the same. Heard both sides. 4. It is submitted by Mr. Ahmed, the learned counsel for the petitioner that the present accused/petitioner is innocent and she is no way connected in the alleged offence. However, it is a fact that her husband is a drug addict and she is not aware about the availability of contraband in her house. Further he submitted that accused is behind the bars since last 67 days along with her 4 year minor child and thus she is facing very much difficulty in surviving. Considering the length of detention she may be enlarged on bail. However, she is ready and willing to co-operate with the Investigating Office in further investigation of the case, if she is granted the privilege of bail. He further submitted that notice u/s 47 & 48 BNSS was also not served on her and there is non-compliance of the said provision. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that there are total compliance of Section 47 & 48 BNSS and the ground of arrest is also intimated to the accused/petitioner. He further submitted that her husband is still absconding and 12.60 grams suspected heroin is recovered from the house of the present accused/petitioner and thus she was very much aware about availability of the contraband and also involved in drug peddling. He further submitted that the investigation is still in progress and FSL Report is awaited. He therefor raised objection in granting bail to the accused/petitioner. 6. Considering the submissions made by learned counsel for both sides, Page No.# 3/3 without going into the detail of the merit of case and only considering the length of detention, I find that the Investigating Officer has got sufficient opportunity to interrogate the present accused-petitioner in custody and considering the fact that the present accused/petitioner met some problem along with the minor child in jail premises, hence I find it is a fit case to enlarge the accused/petitioner on bail. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Barpeta. The accused/petitioner, namely Rufida Khatun, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make herself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten 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 (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Barpeta without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant