Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010064772025
2025:GAU-AS:5406
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./946/2025 RUBIYA BEGUM W/O- FARIDUL ISLAM, R/O- VILL- 2 NO. WARD, MANGALDOI TOWN P.S. MANGALDOI DIST.DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : U U KHAN, MR A AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 02-05-2025 Heard Mr. U.U. Khan, the learned counsel for the petitioner and also heard Mr. R.R. Kaushik, 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 17.03.2025 in connection with Paltanbazar P.S. Case No. 74/2025 u/s 21(b)/25 of NDPS Act, 1985.
3. Case Diary is received.
4. It is submitted by Mr. Kaushik that FSL is yet to be collected by the Investigating Officer.
5. In this context Mr. Khan, the learned counsel for the petitioner submitted that the petitioner is a lady and she is behind the bars since last 47 days and thus the Investigating Officer has got sufficient time for her custodial interrogation. However, she is ready and willing to cooperate with the Investigating Officer in investigation of this case, if she is released on bail.
6. Mr. Kaushik, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present petitioner and the contraband was also allegedly recovered from her possession and apart from that she is a also a habitual offender. However, it is submitted that the Investigating Officer could not collect the FSL till date.
7. Considering the submissions made by learned counsels for both sides, without going into detail of the merit of the case, only considering the length of detention, I find it proper to extend the privilege of bail to the present petitioner.
8. 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 to the satisfaction of the learned CJM, Kamrup (M). The accused/petitioner, namely Rubiya Begum, be enlarged on bail, subject to the following conditions:-
Page No.# 3/3 (i) that the petitioner shall make herself 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 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 CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of.
JUDGE Comparing Assistant