Page No.# 1/3 GAHC010063402025 2025:GAU-AS:4383 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./939/2025 MD JAKIR HUSSAIN @ BHUTTO S/O- ABDUL JABBAR, R/O- VILL NO.1 MULLAPATTY, DHING ROAD, PO HAIBARGAON, POLICE STATION NAGAON SADAR DIST NAGAON, ASSAM, PIN 782002 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN, H M I HOQUE,MR ROBIUL HOQUE,MRS. R MOMTAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 08-04-2025 08.04.2025 Heard Mr. A.I. Uddin, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of Page No.# 2/3 State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for granting regular bail to the accused/petitioner who was arrested on 17.02.2025 in connection with GR Case No. 152/2025 arising out of Bihpuria P.S. Case No. 32 of 2025 under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985. 3. It is submitted by Mr. Sharma that Case Diary is not received. 4. Mr. Uddin, the learned counsel for the petitioner submitted in this regard that the present accused/petitioner was arrested in connection with the case on 17.02.2025 and since then he is in custody for last 51 days. So, considering the length of detention he may be enlarged on bail. However, he is ready and willing to co-operate with the Investigating Officer in further investigation of the case, if he is granted with the privilege of bail. Further he submitted that the case is registered u/s 21(b)/ 29 of the NDPS Act which is not a commercial quantity and hence the rigour of Section 37 also does not fall in this case. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that on enquiry made by him, it is intimated by the Investigating Officer that Case Diary is not submitted in this case and the FSL report is also awaited and yet to be collected. 6. Considering the submissions made by learned counsel for both sides, it is seen that the petitioner is behind the bars for a considerable period. Till date the Investigating Officer could not even collect the FSL report and hence the probability of furnishing the charge-sheet within the statutory period is not expected. Without going into the detail of the merit of the case, only considering the length of detention already undergone by the Page No.# 3/3 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. 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 (NDPS), Lakhimpur, North Lakhimpur. The accused/petitioner, namely Jakir Hussain @ Bhutto, 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 (NDPS), Lakhimpur, North Lakhimpur without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant