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2025 DAILYLAW 9126 (GAU)

MOHSEN KHAN v. THE STATE OF ASSAM

Bail Appln./727/2025 · 2025-03-27

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010053342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./727/2025 MOHSEN KHAN S/O-MEHMOOD KHAN, RESIDENT OF VALUKDUBI, GOALPARA, ASSAM, PRESENT RESIDENT OF 2 NO RAILWAY GATE, LAKHTOKIA, PANBAZAR, KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR M RAHMAN, MR KUTUB ALI,MD S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 28.03.2025 Heard Md. S. Ali, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Mohsen Khan, has prayed for bail in connection with Panbazar P.S. Case No. 41/2025 under Section 22(b)/29 of NDPS Act. 3. It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 31.01.2025 and since then he has been detained in custody, for last 56 days. It is also submitted that suspected contraband recovered from the possession of the petitioner appears to be intermediate quantity. Considering the nature of offence 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 without FSL report and submits that the petitioner has been detained in custody for last 56 days and charge-sheet has not yet been submitted in this case. However, length of detention may be considered. 5. I have considered the submissions made by the learned counsel for 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 Panbazar P.S. Case No. 41/2025 under Section 22(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(NDPS), Kamrup(M), Assam. Page No.# 3/3 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 (NDPS), Kamrup(M), 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; (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