Date : 24.07.2025
Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. K.
Baishya, learned Additional Public Prosecutor for the State respondent.
2. This is an application under Section 483 of BNSS, 2023 praying for grant of
bail to the accused/petitioner, who has been languishing in jail hajot in
connection with NDPS Case No. 10/2025, arising out of Bijaynagar Outpost
under Palashbari P.S. Case No. 431/2024, under Sections 22(c)/29 of NDPS Act,
1985, pending before the Court of learned Additional Session Judge, Kamrup.
3. Scanned copy of the Trial Court Record has been received and I have
perused the same.
4. It is submitted by Mr. Rahman, learned counsel for the petitioner, that the
present accused/petitioner is innocent and he is no way connected in the
alleged offence. Nothing has been seized from the conscious possession of the
present accused/petitioner. He was the driver of the vehicle and his vehicle was
hired by the accused No. 1 to travel to Goalpara and he was not aware about
carrying of any contraband in the vehicle. However, he got arrested in
connection with this case on 31.10.2024 and was forwarded to judicial remand
on 01.11.2024 and since then, he has been in custody. He further submitted
that the charge-sheet of the case has already been filed, but till date, the
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charge has not been framed. He, accordingly, submitted that there is no
probability of completion of trial within near future as the charge has not yet
been framed and therefore he submitted that considering the period of long
incarceration, the petitioner may be enlarged on bail. The petitioner is a
permanent resident of his addressed locality and will regularly appear before the
Court to contest the case as and when the date is fixed by the Court. He also
submitted that the co-accused persons, who were also arrested in connection
with this case, had already been granted bail by this Court vide Orders dated
14.05.2025, passed in Bail Appln. No. 234/2025 & Bail Appln. No. 290/2025,
and hence, considering the case of the present petitioner on the same footing,
he may also be released on bail on the ground of parity.