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2026 DAILYLAW 1037 (GAU)

PARMA RAM BISHNOI v. THE UNION OF INDIA

Bail Appln./3539/2025 · 2026-01-28

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010238952025 2026:GAU-AS:1019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3539/2025 PARMA RAM BISHNOI S/O SH. BHAGIRATH RAM R/O VILLAGE- RORA, TEHSIL/ PS NOKHA, DISTRICT- BIKANER, RAJASTHAN, PIN CODE 334803 VERSUS THE UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NCB. Advocate for the Petitioner : MRS. S D CHOUDHURY, MR. S MUNIR Advocate for the Respondent : SC, NCB, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.01.2026 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Ms. M. Deka, learned Standing Counsel, NCB. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Parma Ram Bishnoi, who is facing trial in the NDPS Case No.193/2023, pending in the Court of the learned Additional Page No.# 2/3 Sessions Judge (FTC), Kamrup (Metro) at Guwahati has prayed for releasing him on bail. 3. On 25.06.2026, the petitioner applied for bail before this Court and at that time, this Court directed that at least 5 (five) more witness should be examined, after which the petitioner shall have the liberty to approach this Court again for seeking bail. 4. Today, the learned counsel for the petitioner has submitted that aforesaid Trial Court is presently vacant and that since 25.06.2025 the Court is lying vacant, as a result of which the petitioner has been awaiting trial. 5. According to the learned counsel for the petitioner, the petitioner has already completed 960 days (i.e., 2 years 7 months 20 days) in judicial custody. 6. I have considered the submissions made by learned counsel for the both sides. 7. It is a settled position of law that prolonged incarceration, particularly without trial, militates against the provisions of law, including those laid down under Section 37 of the NDPS Act. 8. Therefore, the bail application of the petitioner is allowed under the given circumstances. 9. Therefore, the petitioner Parma Ram Bishnoi shall be released on bail of Rs.50,000/- with a local surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup (Metro) at Guwahati. Page No.# 3/3 10. With the aforesaid direction, the Bail Application stands disposed of. JUDGE Comparing Assistant