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2025 DAILYLAW 9073 (GAU)

JUBEL AHMED v. THE STATE OF ASSAM

Bail Appln./754/2025 · 2025-04-07

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010052362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./754/2025 JUBEL AHMED S/O JAMAL UDDIN R/OVILL-BAGARSHANGAN P.S.KARIMGANJ DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.04.2025 Heard the learned counsel Mr. H R Choudhury appearing for the petitioner. Also heard Mrs. S H Borah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 in respect of Special NDPS Case No. 13/2023 pending in the court of the learned Sessions Judge, Sribhumi. Page No.# 2/2 3. The petitioner was shown as an absconder in the charge sheet. Therefore, the trial court issued Non-Bailable Warrant of Arrest (NBWA) again him. Subsequently, he was arrested. 4. On 15.02.2025 the charges under Sections 22(c), 25 & 29 of the NDPS Act, 1985 were framed against the present petitioner alongwith another person. 5. Mrs. Borah has submitted that YABA tablets were recovered from the possession of the present petitioner. 6. Mr. Choudhury has submitted that nothing was recovered from the possession of the present petitioner. 7. Mr. Choudhury further submits that the petitioner is interested in facing the trial and therefore, he deserves to be given an effective opportunity to that effect. 8. I have considered the submissions made by the learned counsels of both sides. 9. The petitioner Jubel Ahmed is a resident of village “Bagarshangan” which falls within the jurisdiction of the trial court. Keeping the present petitioner in custody for any further period of time would not serve any purpose. 10. This Court is of the opinion that under the given circumstances of the case, the petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed. 11. It is hereby directed that the petitioner, Jubel Ahmed, who is facing trial in respect of Special NDPS Case No. 13/2023 pending in the court of the learned Sessions Judge, Sribhumi, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Sribhumi. With the aforesaid direction the bail application stands disposed of. JUDGE Comparing Assistant