Case brief
What is this about?
Gauhati High Court, single-judge order dated 30.10.2025 (Parthivjyoti Saikia, J.) in Bail Appln./3182/2025 (neutral citation 2025:GAU-AS:14579): regular bail under Section 483 BNSS, 2023 for petitioner Asar Uddin, accused in Special (NDPS) Case No.135/2023 pending before Sessions Judge, Karimganj; commercial quantity of narcotics allegedly recovered; both prosecution witnesses (including a seizure witness) turned hostile, one stating 992 grams was recovered from Ayesha Begum, wife of the accused; custody exceeding one year; court relied on Rabi Prakash v. the State of Odisha, 2023 SCC Online (SC) 707 and invoked Article 21 of the Constitution to hold that prolonged incarceration outweighed the statutory embargo; bail allowed at Rs. 100,000/- with two like sureties and a condition of appearance on every hearing date.
What did the court decide?
Regular bail granted to accused Asar Uddin: release on bail of Rs. 100,000/- (one lakh) with two sureties of like amount to the satisfaction of the learned Sessions Judge, Karimganj; accused to continue to appear before the trial court on each and every date of hearing, failing which the trial court may procure his attendance by due process of law.