Page No.# 1/3 GAHC010059252026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./944/2026 BIKI ALI SON OF LATE GOLJAR ALI VILL- MAHAJANPARA,GANAKJHAR, P.S. BAIHATA CHARIALI, DIST. KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A ALI, MR S ISLAM Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 26.05.2026 Heard Mr. N.J. Dutta, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the Addl. Public Prosecutor, Assam. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Biki Ali has prayed for releasing him on bail as he is facing trial in Special (N) Case No.40/2025 (arising out of Rowta P.S. Case No.71/2025) pending in the court of the learned Special Judge, Udalguri. 3. The petitioner Biki Ali is the owner of Creta vehicle bearing Registration No.AS- 01-DA-6699. A person called Ahed Ali was the driver of the said vehicle. Narcotic drugs were recovered from this vehicle. At the time of filing of the charge sheet against these two persons, 12 persons were named therein as prosecution witnesses. Out of them, 7 have already been examined. The said driver Ahed Ali was released on bail by the trial court whereas the bail application of the present petitioner was rejected. 4. Mr. Dutta has submitted that the period of detention already undergone by the present petitioner deserves to be taken up as a ground for releasing him on bail. 5. Mr. Das has submitted that only 5 witnesses remained to be examined and the case is in its final stage of disposal. According to Mr. Das, the bail application of the petitioner should not be considered at this stage. 6. I have considered the submissions made by the learned counsels for both sides. 7. On 07.07.2025, the present petitioner Biki Ali was travelling with Ahed Ali. When police tried to stop the vehicle, Biki Ali managed to run away and Ahed Ali was apprehended immediately. Thereafter, Biki Ali never came into the dragnet of police. He was shown as an absconder in the charge sheet. This is the reason why the trial court refused the bail prayer of the petitioner. 8. Today, I have also decided to agree with Mr. Das because the conduct of the petitioner Biki Ali was far from good. Seven prosecution witnesses have been already examined. The trial is going on in full speed. I am of the considered opinion that if Biki Ali is allowed to go on bail, it will cause problems in early disposal of the case before the trial court. Page No.# 3/3 9. Therefore, the bail prayer of the petitioner is rejected and disposed of accordingly. JUDGE Comparing Assistant