Allowed¶22

Abdul Rashid v. the State of Assam

Bail – Section 483 BNSS, 2023

Gauhati HC3 Mar 2025Bail Appln./3179/2024

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What is this about?

Abdul Rashid v. State of Assam, Gauhati High Court, Bail Appln./3179/2024, decided 04.03.2025 by Justice Parthivjyoti Saikia. Bail under Section 483 BNSS, 2023 in NDPS Case No. 71/2023; prolonged incarceration exceeding 2 years; trial stalled with no witness examined after 11.06.2024; bail granted on bond of ₹25,000 with like surety.

What did the court decide?

Bail granted: petitioner Abdul Rashid to be released on bail of Rs. 25,000 with a surety of like amount, to the satisfaction of the learned District & Sessions Judge No. 2, Kamrup (Metro), Guwahati, upon his appearance before the trial court. ¶22

Abdul Rashid Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

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GAHC010217722024

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

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Case No. : Bail Appln./3179/2024

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ABDUL RASHID

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S/O AKABBAR ALI, R/O VILL- PAKA BEDBARI, P.O.-JARABARI, P.S.BARPETA, DIST- BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR S RAHMAN, MR. Y S MANNAN,MS R BEGAM,MS. S PHUKAN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 04.03.2025

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Heard Mr. Y.S. Mannan, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor for the State of Assam.

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2 . This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Abdul Rashid has prayed for releasing him on bail in respect of NDPS Case No. 71/2023 pending in the court of the learned District & Sessions Judge No. 2, Kamrup (Metro),

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Guwahati, Assam.

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3 . The present bail application has been filed on certain grounds. The last witness was examined on 11.06.2024. After that, till now, no witness has been examined by the court below. The second ground is that the petitioner has already spent more than 2 years in custody.

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4 . Mr. Mannan also submits that the trial court has deliberately not examined the eight numbers of witnesses as yet.

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5 . I have considered the submissions made by the learned counsel of both sides.

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6 . This Court is of the opinion that the petitioner has presented a strong case for himself. Considering his long period of detention and considering the fact that no witness has been examined till now, after the last witness that was examined on 11.06.2024, the bail application of the petitioner is allowed.

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7 . The petitioner Abdul Rashid is facing trial before the court of the learned District & Sessions Judge No. 2, Kamrup (Metro), Guwahati, Assam. On his appearance before the trial court, petitioner Abdul Rashid shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned District & Sessions Judge No. 2, Kamrup (Metro), Guwahati.

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With the aforesaid direction, the bail application stands disposed of.

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JUDGE

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Abdul Rashid v. the State of Assam

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Abdul Rashid v. the State of Assam

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