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2026 DAILYLAW 644 (GAU)

AJGAR ALI v. THE STATE OF ASSAM

Bail Appln./367/2026 · 2026-02-25

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010021422026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./367/2026 AJGAR ALI S/O LATE MOZIBUR KHAN R/O VILLAGE BALIKURI N.C.P.S. KALGACHIA, DISTRICT BARPETA, ASSAM, PIN 781319PH NO 7086365086 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR,ASSAM Advocate for the Petitioner : S. TALUKDAR, A S PRODHANI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 26.02.2026 Heard Mr. A.I. Uddin, learned counsel for the accused/applicant. Also heard Mr. K.K. Parasar, learned APP for the State. 2. This is an application under Section 483 of the BNSS, 2023, for granting bail to the accused/applicant in connection with Kalgachia P.S. Case No. Page No.# 2/3 150/2025 registered under Section 21(b) of the NDPS Act, 1985. 3. An FIR was lodged on 27.12.2025 on the basis of reliable information received by the police to the effect that a drug peddler was selling suspected heroin from his residence. Acting upon the said information, a search was conducted at the spot. During the course of the search, 19 plastic containers containing suspected heroin were recovered, having a total net weight of 13.75 grams. Accordingly, the police registered the Kalgachia P.S. Case No. 150/2025 under Section 21(b) of the NDPS Act, 1985. 4. The learned counsel for the accused/applicant submits that the accused/applicant was arrested on 28.12.2025 and has spent 60 days in judicial custody. It is, therefore, contended that he is eligible for grant of default bail in the instant case. 5. Mr. K.K. Parasar, learned APP for the State, fairly submitted that the charge-sheet in the instant case is yet to be filed and that today is the 59th day of the accuser’s arrest. 6. Taking into account the submissions made, this Court is of the considered opinion that the accused/applicant should be released on bail at this stage. Accordingly, it is directed that the accused/applicant be released forthwith on furnishing bail bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned Special Judge, Barpeta, subject to the following conditions: (i)That the accused/applicant shall cooperate fully with the investigation; (ii)That the accused/applicant shall appear before the investigating officer as and when required; Page No.# 3/3 (iii)That the accused/applicant shall not, directly or indirectly, induce, threaten, or promise any person in any manner so as to influence them regarding the facts or evidence of the case; (iv)That the accused/applicant shall not commits any offense while released on bail. 7. In terms of the aforesaid directions, the instant bail application is hereby disposed of. JUDGE Comparing Assistant