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2026 DAILYLAW 13874 (GAU)

OHIDUL ALOM ALIAS OHID AHMED v. THE STATE OF ASSAM

Bail Appln./572/2026 · 2026-09-08

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010040282026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./572/2026 OHIDUL ALOM ALIAS OHID AHMED SON OF ABDUL MANNAN R/O VILL- KHALARPAR P.S. PATHERKANDI, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.09.2026 Heard Mr. A Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. M P Goswami, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 relating to Special Case No. 03/2026, arising out of Karimganj (Sribhumi) P.S. Case No. 351/2025, pending in the Court of the learned Special Judge, Sribhumi, whereby the petitioner Page No.# 2/2 Ohidul Alom @ Ohid Ahmed has prayed for releasing him on bail. 3. The petitioner has pleaded his case on two grounds. One ground is that he has already spent one year in judicial custody. The second ground relates to the evidence recorded by the trial court. 4. Mr. Ahmed has submitted that the present petitioner was arrested on the basis of a statement of a co-accused. 5. Mr. Goswami has objected to this Bail Application on the basis of the evidence of a witness called Ashit Das. According to Mr.Goswami, evidence of one witness is sufficient to convict an accused in a trial. Mr. Goswami further submitted that a bar under Section 37 of the NDPS Act is applicable in this case. 6. I have considered the submissions made by the learned counsel of both sides. 7. I have gone through the evidence of the witness already examined by the trial court. I have also considered the fact that the present petitioner has already completed more than one year in judicial custody. 8. Considering the aforesaid fact, this Court is of the opinion that the petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed. 9. It is hereby directed that the petitioner, Ohidul Alom @ Ohid Ahmed, who is facing trial before the Court of the learned Special Judge, Sribhumi, shall be released on bail of ₹1,00,000/- (Rupees one lakh) with two sureties of like amount to the satisfaction of the learned Special Judge, Sribhumi. 10. It is hereby directed that the petitioner shall appear regularly before the trial court on each and every date and if he fails to do so, the trial court shall be at liberty to procure his attendance in accordance with due process of law. 10. With the aforesaid direction, this bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant