Page No.# 1/3 GAHC010124682026 2026:GAU-AS:9124 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1708/2026 ALAUDDIN ALI SON OF SOFUR ALI VILL- MUGKUCHI, ELENGIDAL P.S- NALBARI, P.O. MUGKUCHI DISTRICT- NALBARI, ASSAM PIN- 781334 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N ALAM R K, MR. A RAHMAN,N HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 24-06-2026 Heard Mr. A Rahman, the learned counsel for the petitioner. Also heard Mr. R J Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 23.02.2026 in connection with Nalbari P.S. Case No. 09/2022 u/s 21(b) of the NDPS Act. 3. It is submitted by Mr. Rahman, the learned counsel for the petitioner that the present accused/petitioner was earlier arrested in connection with this case prior to filing of the charge-sheet, wherein he was allowed to go on bail and after filing of the charge-sheet also the accused was regularly appearing before the learned Special Judge to face the trial. The case was at the stage of evidence when on 18.07.2025 he remained absent as he went to Meghalaya to earn his livelihood. Considering his absent since 18.07.2025 the NBWA was issued when the case was fixed for evidence and on 23.02.2026 he filed a petition seeking bail which was accordingly rejected by the learned Special Judge vide its order dated 23.02.2026. He further submitted that the accused was regularly appearing before the Court and was facing trial but only due to his absence in 1/2 occasions, the NBWA was issued by the learned Special Judge. However, he is ready and willing to contest the case by appearing before the learned Special Judge as and when the date is fixed for hearing, if he is granted with the privilege of bail. 4. Mr. Baruah, the learned Additional Public Prosecutor raised objection and submitted that from the Order Sheets which have been annexed along with the petition also reveal the conduct of the accused/petitioner wherefrom it is seen that he did not appear in many occasions for which the NBWA had to be issued by the Court and which otherwise also delayed the disposal of the case. 5. Hearing the submissions made by learned counsels for both sides and considering all other aspects of the case, it is seen that the accused/petitioner was otherwise regularly appearing before the learned Trial Court below and due Page No.# 3/3 to his default in 2/3 occasions, the NBWA was issued by the learned Trial Court below. However, he himself surrendered before the Court on 23.02.2026 and since then the petitioner is in custody. 6. Considering all these aspects of the case, this Court is of the opinion that the petitioner may be allowed to go on bail with a direction to appear before the learned Special Judge as and when the date is fixed without any further delay. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned Special Judge, Nalbari. The accused/petitioner, namely Alauddin Ali, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (ii) that the petitioner shall not leave the jurisdiction of the learned Special Judge, Nalbari without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant