Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010225002025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3341/2025 JINNAT ALI AND ANR S/O- LATE ABDUL MALIK, RESIDENT OF TELIA CHAPARI, P.S. RUPAHIHAT, DIST.- NAGAON, ASSAM 2: ABZALUR RAHMAN S/O- SHAHJAHAN ALI RESIDENT OF TELIA CHAPARI P.S. RUPAHIHAT DIST.- NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, H M I HOQUE Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.01.2026
Heard Mr. H M I Hoque, learned counsel for the petitioners. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 by the petitioners, namely,
Page No.# 2/2 (1) Jinnat Ali and (2) Abzalur Rahman praying for releasing them on bail, who are in custody in connection with NDPS Case No. 53/2025 pending in the court of the learned Special Judge, Silchar, Cachar arising out of Silchal P.S. Case No. 406/2025. The trial court has sent a report stating that till now only 1 (one) prosecution witness has been examined and discharged after cross-examination. The learned counsel for the petitioners has submitted that the petitioners are in custody for more than 9 (nine) months without trial proceeding appropriately. Further, it is submitted by the learned counsel for the petitioners that intermediate quantities of drugs were discovered from the personal possession of the petitioners. I have considered the submissions made by the learned counsel of both sides. The learned Additional Public Prosecutor has objected to the prayer of the petitioner on the ground that drugs were recovered from personal possession of the petitioners. Considering the length of detention and also for the reason that the trial has not been proceeded appropriately, the bail prayer of the petitioners are allowed. The petitioners Jinnat Ali and Abzalur Rahman, who are in custody in connection with NDPS Case No. 53/2025 pending in the court of the learned Special Judge, Silchar, Cachar arising out of Silchal P.S. Case No. 406/2025 are allowed to go on bail of Rs.50,000/- each with one surety each of like amount to the satisfaction of the learned Special Judge, Silchar, Cachar. With the above, the bail application is disposed of.
JUDGE
Comparing Assistant