Vikash Kumar Singh Alias Shyamlal Vishnoi Vs the State of Assam

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GAHC010180382025

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./2689/2025

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VIKASH KUMAR SINGH ALIAS SHYAMLAL VISHNOI S/O SUSHIL KR. SINGH @ BHIRAM RAM PRESENT ADDRESS- R/O G.S. ROAD, BYMHAT, 15TH MILE, KAMURP (M), PIN-781023 PERMANENT ADDRESS- R/O KERIYA KI DHANI, KARARDA, JODHPUR, RAJASTHAN, 342605

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MOTIUR RAHMAN, MR. O ULLAH,MR. A S TAPADER

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 02.09.2025

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1. Heard Mr. M. Rahman, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent.

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2. This is an application under Section 483 of BNSS, 2023 by the petitioner namely, Vikash Kumar Singh alias Shyamlal Vishnoi, who has been detained behind the bars since 06.07.2025 in connection with Diphu P.S Case No 57/2025 registered under Section 17(b) of NDPS Act, 1985.

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3. The gist of accusation in this case is that on 05.07.2025, one Gautam Kr. Nath, SI of Police had lodged an FIR before the Officer-inCharge of Diphu Police Station, inter-alia, alleging that on receipt of an information through the reliable sources inter-alia, stating that a person has visited District Jail Karbi Anglong as a visitor and will supply prohibited drugs to one of the inmate District Jail Karbi Anglong.

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4. Accordingly, a team of police was constituted and they rushed to the District Jail Karbi Anglong.

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5. When the team was waiting outside District Jail Karbi Anglong, the present petitioner was found coming out of an auto-rickshaw and when a search was made, 147 grams of suspected opium was found in a plastic Herbal Colgate tube.

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6. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for the last 58 days and also considering the fact that the seized contraband in this case is of intermittent quantity, he prays for allowing the petitioner to go on bail.

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7. On the other hand, the learned Additional Public Prosecutor has submitted that the case diary is not available.

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8. He also submits that he tried to contact the Investigating Officer over telephone but in vain.

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9. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record.

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10. It appears that the contraband seized in this case is of intermittent quantity and the petitioner has been detained behind the bars for the last 58 days, therefore, considering the period of detention as well as the quantity of contraband seized in this case, this Court is of the considered opinion that further custodial detention of the petitioner may not be necessary for fair completion of the investigation of Diphu P.S Case No 57/2025.

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11. Accordingly, the petitioner is allowed to go on bail of Rs. 50,000/(Rupees Fifty Thousand only) with two sureties of like amount (one of whom should be a government servant and residing within the State of Assam) subject to the satisfaction of learned Special Judge, Karbi Anglong, Diphu with the following conditions:

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i. That the petitioner shall cooperate in the trial of Diphu P.S Case No 57/2025, which is pending in the Court of learned Special Judge, Karbi Anglong, Diphu;

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ii. That the petitioner shall appear before the Trial Court as and when so required by the Trial Court;

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iii. That the petitioner shall not directly or indirectly make any inducement, threat, or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts before the Trial Court in the trial pending against the present petitioner;

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iv. That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN card, mobile number, and other contact details before the Trial Court;

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v. That the petitioner shall not leave the jurisdiction of the

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Trial Court without prior permission of the Trial Court and when such leave is granted by the Trial Court, the petitioner shall submit his leave address and contact details during such leave before the Trial Court; and

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vi. That the petitioner shall not commit any offence while on bail.

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12. With the above observation, this bail application is accordingly, disposed of.

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JUDGE

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Vikash Kumar Singh Alias Shyamlal Vishnoi v. the State of Assam

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Vikash Kumar Singh Alias Shyamlal Vishnoi v. the State of Assam

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