Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010063812025
2025:GAU-AS:4960
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./942/2025 FULUR UDDIN S/O- JAKIR HUSSAIN, R/O- GORAIMARI, PS AND DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 24.04.2025
Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. D. B. Goswami, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 483 of BNSS, 2023 praying for grant
Page No.# 2/3 of bail to the accused/petitioner, who has been arrested in connection with Manikpur P.S. Case No. 30/2025, under Section 20(a)/21(b)/29 of NDPS Act.
Case Diary has been received and I have perused the same.
It is submitted by Mr. Khan, learned counsel for the petitioner, that the accused/petitioner is innocent and he is no way involved in the alleged offence. Further he submitted that the accused/petitioner is behind for last 50 days and hence, considering his length of detention, he may be enlarged on bail.
In this context, Mr. Goswami, learned Additional Public Prosecutor, has submitted that there are sufficient incriminating material against the present accused/petitioner in the Case Diary. However, till date, the charge-sheet could not be filed by the I.O. as the FSL report is yet to be collected by the I.O. and on enquiry, it is submitted that there is no probability of filing the charge-sheet within the short period.
Considering the submissions made by the learned counsels for both sides, without going by the merit of the case and only considering the length of detention, I am of the view that the I.O. has got ample opportunity to interrogate the accused/ petitioner keeping him in custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case.
Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees twenty thousand) only with 2 (two) local sureties of like amount to the
Page No.# 3/3 satisfaction of the learned Special Judge, Bongaigaon, the accused/petitioner, namely, Fulur Uddin, 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.
In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant