Page No.# 1/3 GAHC010058562025 2025:GAU-AS:4650 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./836/2025 SHAHINUR ISLAM S/O-SIRAJ UDDIN,R/O-ADIL SHAH GULLEY,P.S. JALUKBARI,DIST-KAMRUP (M),ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : U U KHAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-04-2025 Heard Mr. U.U. Khan, the learned counsel for the petitioner and also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 23.02.2025 in connection with Jalukbari P.S. Case No. 96/2025 u/s 21(b) of NDPS Act. 3. Case Diary is received. Perused the same. Heard both sides. 4. It is submitted by Mr. Khan, the learned counsel for the petitioner that the present accused/petitioner is in custody since last 48 days and hence considering his length of detention he may be released on bail. He further submitted that the contraband which is alleged to have been recovered from the possession of the accused/petitioner is 31.61 grams including the weight of the container but no actual weight of contraband has been mentioned in the FIR itself. Considering his length of detention, he may be released on bail. However, he will appear before the Investigating Officer as and when his cooperation will be required. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present petitioner. However, till date, the Investigating Officer could not collect the FSL report which is still awaited. 6. Considering the entire submission made by the learned counsel for the petitioner, without going into the detail of the merit of the case, only considering the length of detention already undergone by the accused/petitioner, I find that the I/O has got sufficient opportunity for custodial interrogation and 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. 7. 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 Page No.# 3/3 to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Shahinur Islam, 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 CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant