Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010052192025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./718/2025 BHAGYAJIT SAIKIA S/O- SRI DULAN SAIKIA, R/O- BORBOGIA, PS ULONI, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY PP, ASSAM Advocate for the Petitioner : DARAK ULLAH, SABRISH AHMED,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 28.03.2025
Heard Mr. D. Ullah, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State. 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Bhagyajit Saikia, has prayed for bail in connection with Jagiroad P.S. Case No. 25/2025 under
Page No.# 2/3 Section 21(b)/29 of NDPS Act. 3. It is submitted by the learned counsel for the petitioner that as per the FIR, the quantity weighing about 1.9 grams (without plastic vials) alleged to be recovered from the possession of the petitioner appears to be small quantity. It is also submitted that the petitioner has been detained in custody for last 49 days since his arrest on 06.02.2025. Considering the allegation spelt out against the petitioner as well as the length of detention, the petitioner may be enlarged on bail. 4. Mr. Kaushik, learned Additional Public Prosecutor for the State has produced the case diary and opposed in granting bail to the petitioner. However, it is also submitted that the length of detention may be considered. 5. I have considered the submissions made by the parties. I have also perused the case diary. 6. Considering the background of the case as well as length of detention of the petitioner, this Court is inclined to grant bail to the petitioner. 7. Accordingly, the petitioner, named above, shall be released on bail in connection with Jagiroad P.S. Case No. 25/2025 under Section 21(b)/29 of NDPS Act, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount, to the satisfaction of learned Special Judge, Morigaon, Assam. 8.
The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Special Judge,
Page No.# 3/3 Morigaon, 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 or to any police officer; and (c) shall not hamper with the investigation, or tamper with the evidence of the case. 9. In view of the above, the bail application stands disposed of. 10. Send back the case diary. JUDGE Comparing Assistant