Page No.# 1/3 GAHC010055192025 2025:GAU-AS:3501 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./781/2025 HAFIZUR RAHMAN S/O- AFSHAR ALI, R/O- BORTARI, PS DHUPDHARA, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MD. A A KHAN,MR. I U CHOWDHURY,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 26.03.2025 Heard Mr.A. 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. 2. This is an application under Section 483 of the BharatiyaNagarikSurakshaSanhita, 2023, with prayer for bail as the petitioner is behind bars since 07.02.2025 in connection with Boko P.S. Case No. 41/2025 u/s 21(b) of NDPS Act, 1985. 3. Case Diary is received. Perused the same.Heard both sides. 4. Mr.Ahmed, the learned counsel for the petitioner submitted in this regard that the contraband which was alleged to have been recovered is only 10.54 Gram which is an intermediate quantity and the present accused/petitioner is behind the bars since 07.02.2025 and thus he is in custody for last 48 days. He further submitted that the present petitioner has no other criminalantecedent and so considering the length of detention, the petitioner may be released on bail. However, he is ready and willing to co-operate with the Investigating Officer regarding further investigation of this case. 5. Mr. Ahmed further submitted that as it is a case of intermediate quantity.The rigour Section 37will not come in the case. 6. Mr.Baruah, the learned Additional Public Prosecutor submitted in this regard that from the materials available in the Case Diary it is seen that contraband was recovered from the conscious possession of the present petitioner which is 10.54 Gram i.e. the intermediate quantity. Further he submitted that the FSL report is yet to be collected by the Investigating Officer though the contraband has already been sent for examination. Page No.# 3/3 7. Considering the submission made by learned counsel for the petitioner and without going to the merit of the case and considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 8. Accordingly, the accused/petitioner is 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, Kamrup, Amingaon. The accused/petitioner, namely HafizurRahman,be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself 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 him 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, Kamrup, Amingaonwithout prior permission. The Bail Applicationstands disposed of. JUDGE Comparing Assistant