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2026 DAILYLAW 11604 (GAU)

IBRAHIM ALI v. THE STATE OF ASSAM

FA(OS)/2100/2026 · 2026-07-29

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010153422026 2026:GAU-AS:10498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2100/2026 IBRAHIM ALI S/O BIDHESI ALI VILLAGE- MILIZULI, SATRAKANRA NO.15,P.S.- BAHGBAR, DISTRICT- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 30.07.2026 Heard Mr. N. Uddin, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent. Page No.# 2/3 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by the accused, namely, Ibrahim Ali, who is languishing in jail hazot since 27.04.2026, in connection with Special NDPS Case No.37/2026 under Section 20(b)(ii)(B) of the NDPS Act, arising out of Baghbor P.S. Case No.33/2026, pending before the Court of learned Special Judge, Barpeta, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Happy Lark Hato, S.I. of Police, Baghbor Police Station, on 26.04.2026. The essence of allegation against the accused is that on 26.04.2026, he was found in possession of 8.085 kg of suspected Ganja. 4. Mr. Uddin, learned counsel for the accused submits that the accused was arrested on 26.04.2026 and for last 95 days he has been languishing in jail hazot. He further submits that the investigating agency has completed investigation and submitted charge- sheet against the present accused and the learned Trial Court has also framed charge under Section 20(b) against the accused and that the accused is ready to face trial and he will appear before the learned Trial Court on each and every date and under such circumstances, he has contended to allow this application. 5. Per contra, Mr. Borthakur, learned Additional Public Prosecutor, Assam, has opposed the petition, on the ground that 8.085 kg of Ganja were recovered from the possession of the accused. 6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and it appears that the accused is behind the bar for last 95 days. The investigation is already completed and the charge-sheet has been submitted and the charge has also been framed against the accused. 7. In that view of the matter, further custodial detention of the accused seems to be not warranted and accordingly, this Court is inclined to allow this application. 8. It is provided that on furnishing a bail bond of ` 25,000/- with one surety of like Page No.# 3/3 amount to the satisfaction of the learned Special Judge, Barpeta, the accused, namely, Ibrahim Ali, shall be enlarged on bail. It is also made clear that to ensure appearance of the accused on each and every date during trial, the learned Trial Court will be at liberty to impose any condition, as it deems fit and proper. 9. In terms of above, this bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE