Page No.# 1/3 GAHC010066922026 2026:GAU-AS:7062 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./947/2026 HABIB AHMED S/O NOIMUL HOQUE R/O VILL- KANAKPUR P.O.AND P.S. NAILAMBAZAR, DIST. KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,MISS. P M AHMED,U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 21.05.2026 1. Heard learned Counsel Mr. A. Ahmed for the petitioner Habib Ahmed who has filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as he is behind bars since 04.06.2024 and submitting that he is behind the bars for almost two years in connection with Special (NDPS) Case No. 122/2021 arising out of Nilambazar PS Case No. 432/2021 under Sections 22(C)/25/29 of the NDPS. Page No.# 2/3 2. Mr. R. J. Baruah, learned Addl. Public Prosecutor is present for the respondent State. 3. It is submitted on behalf of the petitioner that although trial has commenced, not a single witness has been examined so far. It is further submitted that several co-accused of the petitioner were enlarged on anticipatory bail. One of the co-accused, Anjan Nath, was granted bail on the ground of parity by the Supreme Court by order dated 17/10/2023 in connection with SLP (Crl.) No. 9860/2023. 4. It is submitted on behalf of the petitioner that the order dated 24/03/2025 passed by the learned Special Judge, Sribhumi in connection with this case clearly reflects that the petitioner is the only accused who is languishing in the jail without trial commencing even after 1 year 11 months 17 days. It is further submitted that the process of investigation reveals that the contraband was not recovered from the petitioner but it was recovered from a co-accused, Samsun Noor, who has already been enlarged on bail and his bail order is marked as Annexure-10 of the petition. 5. Learned Additional Public Prosecutor Mr. R. J. Baruah has raised serious objections stating that 32.855 kgs of Yaba tablets were recovered from the possession of a co-accused who has clearly implicated the petitioner as an accomplice and he is not entitled to bail as per Section 37 of the NDPS Act. It is further submitted that the petitioner was one of the 5 shown absconders, who appeared before the trial court on a later stage and he was then taken into custody. The trial court has not procrastinated the case nor has the prosecution as summons have been issued regularly but the witnesses have failed to appear and cooperate with the trial. It is again submitted that charges were framed on Page No.# 3/3 24/3/2025 and the next date fixed for this case is on 12/5/2026 for Evidence Witnesses may appear to adduce evidence on 12/05/2026. It is, however, admitted that the scanned copies of the trial court record reveals that no witnesses have been examined. 6. I have considered the submissions at the Bar with circumspection. The petitioner has been behind bars for almost 2 years and not a single witness has been examined so far. I have also considered the submission that the petitioner is willing to cooperate with the trial and the other co-accused are already cooperating with the trial. 7. Considering all aspects, the petitioner named above shall be released on bail on furnishing bail bond of Rs.1,00,000/- with two local sureties of like amount to the satisfaction of the learned Special Judge, Sribhumi subject to the following conditions: i) petitioner shall refrain from such activities with which he is alleged; ii) That the petitioner shall not tamper with the evidence; iii) The petitioner shall not leave the jurisdiction of the court without prior permission till completion of trial. 8. On breach of any of the above conditions, the jurisdictional Court/ Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant