Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010084862026
2026:GAU-AS:7327
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1165/2026 MAIN UDDIN S/O MOKRAM ALI VILL- KAURJAHI,P.S. KALGACHIA, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.05.2026 Heard Mr. R. Ali, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.
2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Main Uddin, has prayed for bail in connection with Kalgachia Case No. 38/2026, registered under Section 121(1) of BNS, R/W Section 21(b) of NDPS Act,
1985.
3. The learned Additional Public Prosecutor has raised serious objection against the bail petition stating that the petitioner was caught red-handed, while he was in possession of 40.69 gms of heroine.
4. It is further submitted on behalf of the petitioner that there are no incriminating materials in the case diary against the petitioner.
5. Per contra, the learned counsel for the petitioner has submitted that the petitioner may be granted bail as he has been in custody for a considerable period of time.
6. I have scrutinized the case diary.
7. It is revealed in the case diary that investigation has progressed to a certain extent but FSL report has not been forwarded.
8. It appears that the petitioner may be granted bail as further custodial detention may not be required.
Page No.# 3/3
9. Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) only with one surety of like amount subject to the satisfaction of the Jurisdictional Court/Elaka Magistrate with following conditions: (i) the petitioner shall refrain from such activities with which he is alleged; (ii) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation; (iii) the petitioner shall not tamper with the evidence; (iv) the petitioner shall not leave the jurisdiction of the Court without prior permission.
10. On breach of any of the bail conditions, bail order shall stand cancelled.
11. Send back the case diary.
12. Accordingly, the bail application stands disposed of.
JUDGE
Comparing Assistant