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Alauddin Ahmed and Anr. v. the State of Assam

Gauhati HC3 Nov 2025Bail Appln./3295/2025

Case brief

AI extract

What is this about?

default bail; Section 483 Bharatiya Nagarik Suraksha Sanhita 2023; Section 21(b) NDPS Act; 61 days detention; maximum period of detention undergone; charge-sheet not filed; Mukalmua P.S. Case No. 219/2025; Nalbari; Special Judge Nalbari; bail bond Rs.30,000; two local sureties; bail conditions; appearance before Investigating Officer every 15 days; address correction cause title CIS; Gauhati High Court; Alauddin Ahmed; Rafiqul Ali @ Rafikul Ali.

What did the court decide?

Both petitioners released on default bail on furnishing a bail bond of Rs.30,000/- each with 2 local sureties each of the like amount to the satisfaction of the learned Special Judge, Nalbari, subject to the stated conditions; Registry directed to correct petitioner No. 2's address; bail application disposed of. ¶32

Alauddin Ahmed and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, who have undergone 61 days of detention (the maximum period prescribed) without a charge-sheet being filed in Mukalmua P.S. Case No. 219/2025 under Section 21(b) NDPS Act, are entitled to default bail under Section 483 BNSS, 2023. +1 more

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Court's answer

On the conceded position that the charge-sheet had not been filed and the petitioners had completed the maximum period of detention (61 days), the Court held the petitioners (1) Alauddin Ahmed and (2) Rafiqul Ali @ Rafikul Ali entitled to, and directed their release on, default bail, each on furnishing a bail bond of Rs.30,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Special Judge, Nalbari.

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Ratio / Principle

Registry directed to correct the address of petitioner No. 2 in the case record as well as in the CIS, recording it as Rafiqul Ali @ Rafikul Ali, S/o. Jamal Ali, R/o. Village-Mukalmua, Islampur Chupta, P.S. Mukalmua, District-Nalbari (Assam).

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Key takeaways

Release on default bail made subject to conditions: appearance before the Investigating Officer every 15 days starting 10.11.2025 until conclusion of investigation; appearance as and when called for investigation; no inducement, threat or promise to any person acquainted with the facts of the case; and no leaving the jurisdiction of the learned Special Judge, Nalbari without prior permission, any violation entailing automatic cancellation of the default bail.ratio¶33

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), 04/11/2025 — Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail in connection with Mukalmua P.S. Case No. 219/2025 under Sections 21(b) of NDPS Act. Petitioners arrested 04.09.2025 and in detention for 61 days; charge-sheet not filed; State conceded they had completed the maximum period of detention and were entitled to default bail. Held: petitioners (1) Alauddin Ahmed and (2) Rafiqul Ali @ Rafikul Ali to be released on default bail on a bail bond of Rs.30,000/- each with 2 local sureties each of the like amount before the learned Special Judge, Nalbari, subject to conditions (appearance before the Investigating Officer every 15 days from 10.11.2025, appearance when called, no inducement/threat/promise to witnesses, no leaving the Special Judge's jurisdiction without permission), violation entailing automatic cancellation. Registry directed to correct the address of petitioner No. 2 in the case record and CIS. Application disposed of.

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GAHC010226812025

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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./3295/2025

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ALAUDDIN AHMED AND ANR

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S/O- MAFIZ ALI R/O- VILL- MUKALMUA HAWLYGHAT P.S- MUKALMUA DIST.- NALBARI, ASSAM,

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2: RAFIQUL ALI ALIAS RAFIKUL ALI S/O- JAMAL ALI R/O - VILL- MUKALMUA P.S MUKALMUA DIST.- NALBARI ASSA

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P OF ASSAM

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Advocate for the Petitioner : MR S ISLAM, S RAHMAN,MR. R ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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04/11/2025

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Heard Mr. S Islam, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

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2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been instituted praying for grant of regular bail to the petitioners, (1) Alauddin Ahmed and (2) Rafiqul Ali @ Rafikul Ali , in connection with Mukalmua P.S. Case No. 219/2025 registered under Sections 21(b) of NDPS Act.

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3. Mr. S Islam, learned counsel for the petitioners has submitted that the address of the petitioner No. 2 has been reflected in the cause title of the bail application as “resident of Village-Mukalmua”. He submits that the correct address of the petitioner No. 2 is “resident of Village-Mukalmua, Islampur Chupa, P.S. Mukalmua in the district of Nalbari, Assam. He submits that the said error had occasioned in the cause title of the present bail application inadvertently and accordingly, prays that the same be permitted to be corrected.

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4. Registry to correct the address of the petitioner No. 2 in the case record as well as in the CIS as follows:

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“2. Rafiqul Ali @ Rafikul Ali,

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S/o. Jamal Ali,

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R/o. Village-Mukalmua, Islampur Chupta,

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P.S. Mukalmua,

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District-Nalbari (Assam).”

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5. It is submitted at the bar that the petitioners were arrested on 04.09.2025 and

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thereafter, they have been languishing in the jail.

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6. It is submitted by Mr. Islam, learned counsel for the petitioners that the petitioners have completed 61 days in detention. The maximum period of detention having been undergone by the petitioners and charge-sheet not being filed, it is submitted that the petitioners are entitled to default bail.

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7. Mr. B Sarma, learned Additional Public Prosecutor, Assam, on instruction, submits that the charge-sheet in the matter has not been filed by the Investigating Officer and the petitioners having been in detention for 61 days, they have completed the maximum period of detention and accordingly, would be entitled to default bail.

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8. In view of the above submissions of the learned counsel for the parties, this Court directs that the petitioners, (1) Alauddin Ahmed and (2) Rafiqul Ali @ Rafikul Ali, shall be released on default bail, on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) only, each, along with 2 (two) local sureties each of the like amount to the satisfaction of the learned Special Judge, Nalbari, subject to the following conditions:

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(i) The petitioners, herein, shall appear before the Investigating officer every 15 (fifteen) days, starting from 10.11.2025 and shall continue to appear before the Investigating Officer at the said intervals till the conclusion of the investigation of the case.

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(ii) The petitioners, herein, shall further appear before the Investigating officer as and when called for, for the purpose of investigation of the case.

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(iii) The petitioners, herein, shall not directly or indirectly make any inducement, threat or promise to any person(s), acquainted with the facts of the case so as to dissuade them from disclosing the same to the Investigating Officer;

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(iv) The petitioners, herein, shall not leave the jurisdiction of the learned Special Judge, Nalbari, without prior permission;

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9. Any violation of the above condition shall automatically lead to cancellation of the

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liberty of default bail, as granted by this Court, hereinabove.

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10. With the above observations and directions, this bail application stands disposed of.

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JUDGE