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2026 DAILYLAW 13026 (GAU)

SULEMAN CHAUDHURY ALIAS SOLEMAN CHOUDHURY v. THE STATE OF ASSAM

Bail Appln./2385/2026 · 2026-08-26

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010173012026 2026:GAU-AS:12338 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2385/2026 SULEMAN CHAUDHURY ALIAS SOLEMAN CHOUDHURY S/O HASEM UDDIN CHAUDHURY, R/O VILL PROVITA, PO JAMADARHAT, PS FAKHIRGANJ, DIST DHUBRI, ASSAM, PIN 783330 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A ALIM SK, K ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 27.08.2026 Heard Mr. A. Alim Sk, learned counsel for the accused-applicant; and Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State of Assam. 2. Invoking Section 483, BNSS, the instant application is preferred by the Page No.# 2/3 accused, namely, Suleman Chaudhury @ Soleman Choudhury, who is languishing in jail hazot in connection with Fakirganj Police Station Case no. 78/2026, under Section 22(b) of the NDPS Act, for grant of bail. 3. The gist of the allegation in the FIR dated 05.07.2026 is that information was received at the Fakirganj Police Station in the District of Dhubri about selling of narcotic drugs in the area by a peddler. Accordingly, GD Entry was made and an operation was initiated. Subsequently, upon certain suspicions, the accused-applicant was detained and after search, psychotropic substances in the nature of 7 (seven) strips of Acetaminophen, Tramadol Hydroclroride and Dicyclomine Hydrocloride Capsules (Senspas +) and 2 (two) strips of Nitrazepam (Nitracare) tablets were recovered, whose total weight was 42.76 gms. The accused-applicant was arrested on 04.07.2026 and learned counsel submits that he has completed 55 days in custody. 4. The Case Diary has been received. 5. The learned Additional Public Prosecutor fairly submits that there has been substantial progress in investigation, however, the investigation implicates the petitioner. 6. The FSL Report is awaited. 7. The Medical Report annexed with the Case Diary regarding examination of the victim indicates noting of the doctor about the patient having a history of taking some unknown pills. 8. Despite the implication, considering the progress of investigation; the length of detention and also an aspect emerging which indicates the accused- Page No.# 3/3 applicant to be himself a subject of addiction; I am of the considered view that bail should be considered at this stage, subject to suitable conditions. 9. Accordingly, he is allowed to go on bail on furnishing a bail bond of Rs. 30,000/- (rupees thirty thousand) with one suitable surety of like amount to the satisfaction of the concerned Court (learned Special Judge, Dhubri) and subject to the following conditions : (i) He shall cooperate with the remaining investigation; (ii) He shall not hamper or tamper with evidence; (iii) He shall not in any manner try to influence witnesses; (iv) He shall not indulge in any activities, violative of the NDPS Act; and (v) In case, the accused-applicant has been suffering from any kind of drug addiction, he shall do the needful with the help of his guardians and family members for taking rehabilitation. 10. Return the Case Diary. 11. The bail application stands allowed and disposed of. JUDGE Comparing Assistant