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,
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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