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2026 DAILYLAW 17402 (GAU)

KAMRUL HAQUE MAZUMDER v. THE STATE OF ASSAM

Bail Appln./4090/2025 · 2026-01-04

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010280962025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4090/2025 KAMRUL HAQUE MAZUMDER S/O LATE SIRAJ ALI, MAZUMDER, R/O KASHIPUR PART 1, P.S. SILCHAR, DIST. CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS. U NANDA,MR. F A HASSAN,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.01.2026 Heard Mr. S.C. Biswas, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 in respect of NDPS Case No. 65/2025 arising out of Silchar P.S. Case No. 554/2025. 3. The petitioner is facing trial for illegally possessing 61 grams of heroin. Page No.# 2/2 4. Mr. Biswas has submitted that the petitioner has already spent 225 days in custody. 5. Mr. Das has submitted that out of 8 prosecution witnesses, 5 witnesses have already been examined and only 3 witnesses are yet to be examined. 6. This Court is of the opinion that at this stage, allowing the bail application of the petitioner would hamper the disposal of the case pending before the trial court. 7. Mr. Das submits that the witnesses, who have already been examined, have not supported the case of the petitioner. 8. I have considered the submissions made by the learned counsel of both sides. 9. This Court is of the opinion that considering the period of detention undergone by the petitioner in custody, the bail prayer of the petitioner deserves to be accepted. 10. Therefore, the bail application of the petitioner is allowed. 11. The petitioner Kamrul Haque Mazumder, who is facing trial NDPS Case No. 65/2025 pending in the court of the learned Sessions Judge, Cachar, Silchar shall be released on bail of ₹50,000/- with two sureties of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Silchar. 12. The petitioner is directed to appear before the trial court on each and every date of hearing. It is hereby directed that if the petitioner fails to appear before the trial court within next 10 days, the trial court shall be at liberty to proceed against the petitioner as per the procedures as laid down by law. This bail application stands disposed of accordingly. JUDGE Comparing Assistant