Babul Biswas Vs the State of Assam

Heard learned counsel Mr. I.S. Mazumdar and learned counsel Mr. D. Gope for applicant/petitioner Babul Biswas, who has filed the bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as the petitioner/applicant is behind bars since 26.03.2023 in connection with NDPS Case No. 82/2023 pending before the Court of Additional Sessions Judge No. 1, Kamrup (M), Guwahati, arising out of Garchuk Police Station Case No. 90/2023 under Sections 20(c)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (G.R. No. 2127/2023).

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It is submitted on behalf of the applicant/petitioner that charge sheet being Charge Sheet No. 91/2023 was submitted on 20.06.2023 and trial has been procrastinating for more than two years. Petitioner’s right to liberty has been curtailed and he has been behind bars for more than two years without conclusion of trial.

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It is submitted that the co-accused has already been enlarged on bail. The petitioner/applicant was the driver of the truck through which Ganja was transported and the petitioner/applicant was not aware that Ganja was concealed in the truck.

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It is submitted through the interlocutory application that the grounds of arrest were not properly communicated to the applicant/petitioner. Applicant/petitioner has pledged to abide by any stringent bail conditions if imposed upon him.

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Learned Additional Public Prosecutor Mr. K. Baishya has raised serious objection, stating that the applicant/petitioner is not entitled to bail as investigation is progressing at a regular pace. 3 (Three) out of 5 (Five) witnesses have already been examined and this case is at the fag end of the trial. There is every possibility that the applicant/petitioner may flee from justice if he is enlarged on bail.

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I have considered the submissions at the bar. I have considered the submission that the petitioner is willing to cooperate with any stringent bail conditions if imposed upon him. I have considered the length of detention. I have also considered the petitioner’s prayer on the ground of parity.

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It appears that bail may be granted to the petitioner/applicant.

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Considering all aspects, the petitioner/applicant is enlarged on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lac) with two local sureties of like amount to the satisfaction of learned Trial Court under the conditions that :-

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