Page No.# 1/2 vs The State Of Assam on 12 August, 2025

Gauhati High Court

Page No.# 1/2 vs The State Of Assam on 12 August, 2025

                                                                         Page No.# 1/2

GAHC010176272025




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./2580/2025

            TEJ BAHADUR CHETRY AND ANR
            SON OF TEK BH. CHETRY
            RESIDENT OF JAGUN FOREST GAON, JAGUN, P.S. LEKHAPANI
            PIN CODE- 786179,
            DIST. TINSUKIA

            2: BIMAL CHETRY
             S/O KHAGEN CHETRY
             R/O JAGUN
            AHOM PATHER
             PS -LEKHAPANI
             DISTRICT- TINSUKIA
             PIN-78617

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM

            2:BIMAL CHETRY
             SON OF KHAGEN CHETRY
            RESIDENT OF JAGUN AHOM PATHER

            P.S.LEKHAPANI
            DIST. TINSUKIA

            PIN- 78617

Advocate for the Petitioner   : MR. K K DEY, MR V K BAROOAH

Advocate for the Respondent : PP, ASSAM,
                                                                               Page No.# 2/2

                                   BEFORE
                      HON'BLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

12.08.2025

Heard Mr. K.K. Dey, learned counsel for the accused and also heard Ms. N. Das,
learned Additional Public Prosecutor, Assam, appearing for the State respondent.

This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 is preferred by accused, namely, Tej Bahadur Chetry and Bimal Chetry, who
are languishing in jail hazot since 05.05.2024 in connection with NDPS Case No.38/2024
arising out of Lekhapani P.S. Case No.21/2024, under Section 21(c)/29 of the NDPS Act,
pending before the Court of learned Additional Special Judge (FTC) No.1 (NDPS),
Margherita, Tinsukia, for grant of bail.

Mr. Dey, learned counsel for the accused submits that this is the second bail
application preferred by the accused and the earlier bail application, being Bail Appln.
No.2035/2025 was dismissed by this Court vide order dated 14.07.2025. Mr. Dey further
submits that this second application is preferred on the ground of non-communication of
arrest of the accused at the time of effecting their arrest by the investigating agency and
the notice under Section 50 Cr.P.C. has been enclosed with the present petition in support
of his submission.

The submission of Mr. Dey, learned counsel for the accused needs further
consideration.

At this stage, Registry shall call for the scanned copy of the record from the Court
of learned Additional Special Judge (FTC) No.1 (NDPS), Margherita, Tinsukia, fixing the
matter on 22.08.2025.

Sd/- Robin Phukan
JUDGE

Comparing Assistant