Disposed¶23

Mr Bikash Hari Jamati @ Bikash Hari Jamatia v. the State of Assam

Gauhati HC8 Jun 2025Bail Appln./635/2025

Case brief

AI extract

What is this about?

Gauhati High Court order dated 09.06.2025 in Bail Appln./635/2025 (Justice Parthivjyoti Saikia): bail under Section 483 BNSS 2023 not granted where NDPS trial (NDPS Case No. 07/2023, Additional Sessions Judge No. 5, Kamrup(M), Guwahati) was nearly complete with only 1 of 6 witnesses left; prolonged incarceration of 2 years 11 months rejected as a ground at that stage; Trial Court directed to expedite disposal; application closed and disposed of.

What did the court decide?

With only one witness yet to be examined, allowing the petitioner bail at this stage would amount to delay in disposal of the case before the Trial Court; hence the present Bail Application was not considered. ¶20

Mr Bikash Hari Jamati @ Bikash Hari Jamatia Vs the State of… — Bail and Remand | Gauhati HC (2025)

Page No.# 1/2

GAHC010043682025

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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./635/2025

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MR BIKASH HARI JAMATI @ BIKASH HARI JAMATIA S/O BRINDABAN JAMATIA, RESIDENT OF VILLAGE- MOHARPARA P.ONORTH PULINPUR , P.S- TELIAMURA, DISTRICT-WEST TRIPURA , TELIAMUR , KHOWAI TRIPURA.

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VERSUS

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THE STATE OF ASSAM THROUGH THE PP, ASSAM

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Advocate for the Petitioner : MR K K KALITA, MR. K UDDIN,T M LAHKAR,MS. G DEKA 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 : 09.06.2025

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Heard Ms. G Deka, learned counsel for the petitioner. Also heard Mr. M.P Goswami, learned Additional Public Prosecutor for the State of Assam.

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This is an application under Section 483 of the B.N.S.S, 2023, whereby, the petitioner, Mr. Bikash Hari Jamati @ Bikash Hari Jamatia has prayed for releasing him on bail as he is facing trial in NDPS Case No. 07/2023 pending in the Court of Ld.

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Additional Sessions Judge No. 5, Kamrup(M), Guwahati.

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I have gone through the scanned copy of the L.C.R. Out of the 6(six) prosecution witnesses, 5(five) have been examined and 1(one) is yet to be examined.

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Ms. G Deka, learned counsel for the petitioner has pointed that the petitioner has been in custody for the last 2 years 11 months. According to Ms. G Deka, learned counsel for the petitioner, the period of incarceration may be taken up as a ground for releasing him on bail.

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Mr. M.P Goswami, learned Additional Public Prosecutor for the State of Assam has pointed out that only 1(one) witness is yet to be examined and the trial is about to be complete.

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I have considered the submissions made by the learned counsel for both the sides. Only 1(one) witness is yet to be examined by the Trial Court. Therefore, at this stage, allowing the petitioner on bail would amount to delay in disposal of the case before the Trial Court.

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Hence, the present Bail Application has not been considered today.

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The Trial Court is directed to expeditiously dispose of the case within a short period of time.

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With the aforesaid direction, the present Bail Application stands closed and disposed of.

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JUDGE

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Comparing Assistant

Mr Bikash Hari Jamati @ Bikash Hari Jamatia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mr Bikash Hari Jamati @ Bikash Hari Jamatia v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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