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2025 DAILYLAW 9387 (GAU)

ABDUL MALEK v. THE STATE OF ASSAM

Bail Appln./838/2025 · 2025-05-26

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010056652025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./838/2025 ABDUL MALEK S/O OPZUR ALI R/O VILL-SHIYAL KANDI,P.S. PHUBARI, IN THE DISTRICT OF WEST GARO HILLS, MEGHALAYA, PIN-794104. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.05.2025 Heard Mr. S Rahman, the learned counsel appearing for the petitioner as well as Mr. K K Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Abdul Malek has prayed for releasing him on bail after he was arrested in connection with N.D.P.S. Case No. 148/2024 pending in the court of the learned Additional District and Sessions Judge No.5, Kamrup (Metro) at Guwahati. 3. It has been submitted that the petitioner has been in custody for the last 1 year 7 months Page No.# 2/2 and not a single witness has been examined till now. 4. After going through the scanned copy of the LCR, it is seen that the Presiding Officer was on leave for a long time and she has joined very recently. 5. Mr. Parasar submits that commercial quantity of narcotic drugs was seized in connection with the aforementioned case. 6. I have considered the submissions made by the learned counsels of both sides. 7. This Court is of the opinion that the prosecution should be given some opportunity to examine some witnesses. 8. It is hereby directed that after examination of at least four prosecution witnesses, the petitioner shall be at liberty to approach this Court again seeking regular bail. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant