Gauhati High Court
Bail Appln./2163/2026 of ALI HUSSAIN Vs THE STATE OF ASSAM on 24 August 2026
GAHC010160382026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2163/2026 ALI HUSSAIN S/O AZAHAR MIYAH, R/O VILLAGE - HARIPUR, P.S TARABARI, DISTRICT BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM.
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GAHC010160382026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2163/2026
ALI HUSSAIN
S/O AZAHAR MIYAH, R/O VILLAGE - HARIPUR, P.S TARABARI, DISTRICT
BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE P.P, ASSAM.
Advocate for the Petitioner : MR. S MUNIR, MR. D ZAKARIA
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
25.08.2026 Heard Mr. S. Munir, learned counsel appearing for the accused petitioner as well as Mr. D. P.Goswami, learned Additional Public Prosecutor.
2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused- petitioner, namely, Ali Hussain praying for grant of bail in connection with Special NDPS Case No. 39/2026 under Section 21(b)/29 of NDPS Act (Arising out of Tarabari PS Case No. 19/2026) pending for trial before the learned special judge, Barpeta.
3. It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 02.05.2026 during investigation and has spent approximately 115 days in under trial Page No.# 2/2 detention. Eight witnesses are listed in the charges and so far the examination of the Prosecution witnesses has not started. It is further submitted by the learned counsel that the co-accused, Jeherul Miya was granted bail by the learned trial court vide order dated 18/6/2026.
4. I have perused the certified copies of the documents annexed with the bail petition.
5. The learned Additional Public Prosecutor, Mr. Goswami, opposing the bail submits that Prosecution evidence has not yet commenced.
6. I have given consideration to the matter. Keeping in mind the length of detention, the stage of the case and also the aspect of parity, I am of the considered view that this accused can also be granted bail at this stage.
7. Accordingly, it is provided that the accused petitioner named above, shall be released on bail of Rs.50,000/- with one suitable surety of like amount to the satisfaction of learned concerned court subject to the following conditions that the petitioner:
(a) shall be available for the trial;
(b) shall not hamper or tamper with evidence;
(c) shall not commit any illegal activities or offenses;
8. Violation of the bail conditions will entail cancellation of the bail petition.
9. In view of the above, this bail application stands allowed and disposed of.
JUDGE Comparing Assistant