Page No.# 1/3 GAHC010153382026 2026:GAU-AS:10497 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2084/2026 JARINA KHATUN WIFE OF MD. KHAIRUL ISLAM,RESIDENT OF VILLAGE UTTAR SILPUKHURI, P.S. MIKIRBHETA, DISTRICT MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S HUSSAIN, A JUBARIA,MR. H RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 30.07.2026 Heard Mr. S. Hussain, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by accused, namely, Jarina Khatun, who has been languishing in jail hazot in connection with Special NDPS Case No. 35/2026, corresponding to Mikirbheta P.S. Case No. 58/2026, Page No.# 2/3 under Section 21(b) of the NDPS Act, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI Ajoy Regon, I/c of Boribazar Patrol Post on 20.04.2026. The essence of allegation against the present accused is that she was found in possession of 6.26 grams of heroin in her residence. 4. Mr. Hussain, the learned counsel for the accused submits that the accused is a lady and she has four minor children, and that she has been languishing in jail hazot for more than 100 days. He also submits that the investigating agency, after completion of investigation, had submitted charge-sheet and now, the case is pending for trial, and that the accused is ready to face the trial, and therefore, he has contended to allow the petition. 5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor has opposed the petition on the ground that her release on bail may cause delay in disposal of the case. 6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record. 7. It appears from the seizure list that 6.26 grams of heroin was recovered from the possession of the accused on 20.04.2026, and the FLS report, which is annexed with the petition as Annexure-VI, indicates that the sample contains 5.28 grams of light brown coloured powder substance and the presence of heroin has been confirmed in the same. The quantity of contraband substance i.e heroin is of intermediate quantity and the punishment prescribed is rigorous imprisonment for a term, which may extend to ten years, and fine, which may extend to one lakh rupees. Page No.# 3/3 8. Since the investigation has already been completed, charge-sheet has been submitted against the present accused and charge has also been framed, and also since the accused is a woman having the burden of looking after her four minor children, this Court is of the view that her further custodial detention may not be required. Now, trial will start and she has to prepare her defence. 9. Accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 25,000/- with one surety of like amount, to the satisfaction of the learned Special Judge (NDPS), Morigaon, the accused be enlarged on bail. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant