Jiyarul Rahman vs The State Of Assam on 21 January, 2025

Gauhati High Court

Jiyarul Rahman vs The State Of Assam on 21 January, 2025

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GAHC010000162025




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

                                 Case No. : Bail Appln./2/2025

             JIYARUL RAHMAN
             S/O ABDUL SK.
             VILL- MADHYA PETLA
             P.S. TAMARHAT
             DIST. DHUBRI, ASSAM

             VERSUS

             THE STATE OF ASSAM
             REP BY THE PP, ASSAM

Advocate for the Petitioner   : MR. M I HUSSAIN, N. UDDIN,SK ABDULLAH

Advocate for the Respondent : PP, ASSAM,


                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

21.01.2025

Heard Mr. M.I. Hussain, learned counsel for the accused and also heard Mr. B.
Sharma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, is preferred by the accused, namely, Jiyarul Rahman, who has been
languishing in jail hazot since 23.11.2024, in connection with Tamarhat P.S. Case
No.105/2024 under Section 21(b) of the NDPS Act, for granting bail.

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3. It is to be noted here that the aforementioned case has been registered on the
basis of one FIR lodged by S.I. Pradip Daimary of Tamarhat P.S. on 23.11.2024. The
essence of allegation made in the FIR is that acting on a tip off, the complainant
conducted search in the house of the accused Jiyarul Rahman and recovered one shop
box containing suspected brown sugar, weighing 70.29 gm, with red coloured box in a
polythene packet and 4 nos. of empty plastic container.

4. Mr. Hussain, learned counsel for the accused submits that the accused was arrested
on 23.11.2024 and he has been languishing in jail hazot since 24.11.2024, and today is
the 60th day and the mandatory period is over today and no charge-sheet has been
submitted till date and as such, it is contended to allow the petition.

5. On the other hand, Mr. B. Sharma, learned Additional Public Prosecutor, Assam,
submits that he has received the case diary and the FSL report is not available in the
same and no charge-sheet has been submitted till date.

6. Taking note of the submission of learned Advocates of both the parties and also
considering the fact that the accused is behind the bar for last 60 days and no charge-
sheet has been submitted till date, this Court is inclined to allow this petition. It is
provided that on furnishing a bail bond of ` 50,000/- with one surety of like amount to
the satisfaction of the learned Special Judge under NDPS Act, Dhubri, the accused,
namely, Jiyarul Rahman, shall be enlarged on bail.

7. In terms of above, this bail application stands disposed of.

8. CD be returned.

Sd/- Robin Phukan
JUDGE

Comparing Assistant