Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010056322025
2025:GAU-AS:3885
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./817/2025 SABIRON BEGUM W/O DERAJ ALI RESIDENT OF NOTBAMA HOUSING ROAD, NEAR DARGAH, HATIGAON CHARIALI, GUWAHAT38, P.S. HATIGAON, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P K SARMA, MS R SAHIN,MS M KAKOTY,MS. B BHUYAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 02-04-2025
Heard Mr. P.K. Sarma, the learned counsel for the petitioner and also heard Mr. K.K. Das, 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 16.02.2025 in connection with Hatigaon P.S. Case No. 33/2025 u/s 21(b)/29 of NDPS Act, 1985. 3. Case Diary is received. Perused the same. Heard both sides. 4. Mr. Sarma, the learned counsel for the petitioner submits in this regard that the present accused/petitioner is innocent and she is no way connected in the alleged offence. However, it is a fact that her son is a drug addict and some contraband was alleged to have been recovered from the house of the accused/petitioner about which she did not have any knowledge. She is an aged lady and since 16.02.2025 she is in custody and considering her period of detention the petitioner may be released 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. 5. Mr. Das, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials so far collected by the Investigating Officer as the case is still under process of investigation. Further, he submitted that till date the FSL report is also not collected by the Investigating Officer and accordingly raised objection in granting bail to the present petitioner at this stage. 6. Considering the submissions made by learned counsel for both sides, without going into the merit of case and also considering the length of detention i.e. 46 days already undergone by the accused/petitioner, I find that the Investigating Officer has got sufficient time to interrogate the present accused- petitioner in custody and hence I find that further custodial interrogation may
Page No.# 3/3 not be necessary for further investigation of the case. Accordingly, 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, Kamrup (M).
The accused/petitioner, namely Sabiron Begum, 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 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, Kamrup (M) without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant