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01-08-2025
Heard Mr. J. K. Bhuyan, learned counsel for the petitioner. Also heard Ms. N.
Kakati, learned counsel appearing on behalf of Mr. S. C. Keyal, learned Standing
Counsel, NCB for the respondent/Union of India.
2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail
to the accused/petitioner, who has been arrested in connection with NDPS Case No.
146/2022, corresponding to NCB Case No. 30/2021, under Sections 20(b)(ii)(C) & 29
of the NDPS Act, pending before the Court of learned Additional Sessions Judge No. 2,
Kamrup(M), Guwahati.
3. It is submitted by Mr. Bhuyan, learned counsel for the petitioner, that the present
accused/petitioner is innocent and he is not involved in the alleged offence. He got
arrested in connection with this case on 29.12.2021 and for last more than 3 (three)
years 7 (seven) months & 4 (four) days, he is in custody. The charge-sheet of the
case was filed on 22.06.2022 and the charge was also framed and presently the case
is fixed for evidence. But, till date, the prosecution could examine only 3 (three)
witnesses out of 11 (eleven) numbers of listed witnesses and examination of the
fourth witness is going on and the next date is fixed on 06.09.2025 for recording of
evidence of the fourth witness. He, accordingly, submitted that there is no probability
of completion of trial within near future as lot of witnesses are yet to be examined by
the prosecution and therefore, he submitted that considering the period of long
incarceration, the petitioner may be enlarged on bail. More so, he submitted that the
co-accused have already been granted bail by this Court vide Order dated 25.03.2025,
passed in Bail Appln. No. 701/2025, and hence, the prayer of the present petitioner
may also be considered on the ground of parity. He is a permanent resident of his
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addressed locality and will regularly appear before the Court to contest the case as
and when the date is fixed by the Court.
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