Monser Ali Vs the State of Assam

Heard Mr. D. Medhi, learned counsel appearing on behalf of the accusedapplicant. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State respondent.

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2. This is an application filed under Section 483 of the BNSS, 2023, praying for

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granting bail to the accused-applicant in connection with Goalpara P.S. Case No. 108/2025, registered under Sections 61(2)/123 of the BNS, read with 21(b) of NDPS Act 1985.

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3. The gist of the allegation made in the FIR dated 10.06.2025 is that the accusedapplicant was apprehended on receipt of an information and during the search, 13.05 grams of suspected heroin was recovered from him.

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4. The learned counsel for the accused-applicant submits that the accused-applicant is not involved in any crime as has been alleged in the FIR. The learned counsel submits that the Grounds of Arrest under Section 47 of the BNSS, which was given to the accused-applicant, reveal that the arrest was made for various other grounds such as abetting terrorism and creating communal post/comment on social media. However, the accused-applicant was actually arrested under the NDPS Act. In view of the aforesaid, the learned counsel submits that his arrest being illegal and in violation of Section 47 of the BNSS, the accused-applicant should be released on bail.

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5. Mr. K.K. Parasar, learned Addl. P.P. opposes the prayer of granting bail to the accused-applicant.

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6. This Court has gone through the materials placed before this Court as well as perused the Grounds of Arrest provided to the accused-applicant.

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7. It is clearly seen that the Grounds of Arrest given to the accused-applicant, under Section 47 of the BNSS are no way connected to the offence as alleged in the aforesaid FIR. In view of such negligence and thereby non-compliance of the mandatory provisions of Section 47 of the BNSS, this Court is of the opinion that the accusedapplicant should be enlarged on bail forthwith. Accordingly, the accused-applicant is directed to be released on bail on furnishing of bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with surety of like nature to the satisfaction of the learned Court of the Sessions Judge, Goalpara, subject to the following conditions: -

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(1) That the accused-applicant shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case.

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(2) The accused-applicant shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case.

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8. Accordingly, the instant bail application is disposed of as allowed.

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JUDGE

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Monser Ali v. the State of Assam

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Monser Ali v. the State of Assam

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