SHIMUL HOQUE MAZUMDER @ SAHID AHMED MAZUMDER v. THE STATE OF ASSAM
Bail Appln./912/2025 · 2025-04-08
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9700 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9700 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010062102025
2025:GAU-AS:4492
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./912/2025 SHIMUL HOQUE MAZUMDER @ SAHID AHMED MAZUMDER S/O ABDUL KAYUM MAZUMDER R/O VILL-SOYEDBOND-II P.S. ALGAPUR DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MS. K MALAKAR, MS A MAJUMDER Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER 09.04.2025 Heard Ms. K. Malakar, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.
2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Bongaigaon P. S. Case No.23/2025, registered under Section 21(b) of NDPS Act.
3. The case diary has been received and I have perused the same.
4. It is submitted by Ms. Malakar, learned counsel for the petitioner, that the present accused/petitioner is innocent and is in no way involved in the alleged offence. She further submits that there was no recovery from his conscious possession. However, he was arrested on 15.02.2025, and since then, he has been behind bar. Thus, considering the length of his detention, his bail prayer may be considered. She further submits that the petitioner is still ready and willing to cooperate with the Investigating Officer (IO) in the further investigation of the case, if he is granted the privilege of bail.
5. Mr. Sharma, learned Additional Public Prosecutor, has submitted that there is sufficient incriminating material collected by the IO against the accused/petitioner. However, the IO could not collect the FSL report, and the same is yet to be collected.
6. After hearing the submissions made by the learned counsels for both sides, I have perused the case diary, which reveals that the FSL report has not yet been collected. Thus, the probability of submitting the charge sheet within
Page No.# 3/3 the statutory period is also low. Therefore, without going into the detailed merits of the case and considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation of the accused/petitioner is not necessary for the purpose of investigation.
7. Accordingly, it is provided that 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, Bongaigaon, the accused/petitioner, namely, Shimul Hoque Mazumder @ Sahid Ahmed Mazumder, 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, 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; and (iii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Bongaigaon, without prior permission.
8. In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant