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2026 DAILYLAW 743 (GAU)

FULCHAN HOQUE v. THE STATE OF ASSAM

Bail Appln./190/2026 · 2026-02-18

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/2 GAHC010008212026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./190/2026 FULCHAN HOQUE S/O- SAIJUDDIN, R/O- MUHIMARI VILLAGE AND POST OFFICE, GORAIMARI POLICE STATION, KAMRUP DISTRICT, ASSAM STATE, PIN- 781173 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : M RAHMAN, U U KHAN,MR. M A CHOUDHURY,MR. A AHMED,MD. A A KHAN,R C ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 19-02-2026 Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P appearing for the State. This is an application for bail under section 483 of the BNSS praying for regular bail to the applicant/petitioner in connection with Goraimari P.S Case No. 104/2025 u/s Page No.# 2/2 20(b)(ii) B of the NDPS. The petitioner has been in custody since 03.12.2025. The CD has been produced by the learned Addl. P.P and the matter has been charge-sheet. The learned counsel for the petitioner has submitted that the accused is innocent and that he shall actively co-operate with the investigation of the case if he is granted the privilege of bail. On the other hand, the learned Addl. P.P has objected to the bail prayer of the accused person. In such circumstances, this Court is of the view that the petitioner can be granted the privilege of bail in connection with the Goraimari P.S Case No. 104/2025 u/s 20(b)(ii) B of the NDPS Act on furnishing a bail bond of Rs. 30,000/- with one surety of the like amount, out of which, one of the sureties should be a Government employee of the State of Assam, to the satisfaction of learned Special Judge, Kamrup, Amingaon, Assam. The direction for bail is further subject to the conditions that the petitioner; (a) shall not leave the territorial jurisdiction of learned Special Judge, Kamrup Amingaon, Assam without prior written permission from him/her till disposal of the case; (b) shall regularly attend the trial court and cooperate with the court for early disposal of the case; and (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court. The observation made by the Court is for the purpose of this bail application only, not on merits of the case. Violation or breach of any condition(s) shall render cancellation of bail. The bail application is disposed of accordingly. JUDGE Comparing Assistant