Gauhati High Court
Abdul Malek Alias Abdul Melak vs The State Of Assam on 26 August, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
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GAHC010168082025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2482/2025
ABDUL MALEK ALIAS ABDUL MELAK
S/O OPZUR ALI
R/O VILL- SHIYALKANDI,P.S.PHULBARI
DIST. WEST GARO HILLS,
MEGHALAYA, PIN-794104
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. S RAHMAN,
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 26.08.2025
Heard Mr. S. Rahman, the learned counsel appearing for the petitioner as
well as Mr. K. K. Das, the learned Additional Public Prosecutor appearing for the
State of Assam.
2. This is an application under Section 483 of the BNSS, 2023, whereby the
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petitioner Abdul Malek @ Abdul Melak, who is facing trial in NDPS Case No.
148/2024 pending in the court of the learned Additional Sessions Judge No. 5,
Kamrup (Metro) at Guwahati, has prayed for releasing him on bail.
3. The names of 8 prosecution witnesses are shown in the charge-sheet but
none of the witnesses have been examined till now and the petitioner has spent
more than 1 year 9 months 23 days in judicial custody.
4. The learned counsel for the petitioner has relied upon the judgment of the
Hon'ble Supreme Court that was delivered in Mohd. Muslim @ Hussain Vs.
State (NCT of Delhi) reported in (2023) 18 SCC 166.
5. Mr. Das has objected to this bail application.
6. I have considered the submissions made by the learned counsels of both
sides.
7. The Hon'ble Supreme Court in Rabi Prakash Vs. State of Odisha
reported in 2023 SCC Online SC 1109 held that the prolonged incarceration,
generally militates against the most precious fundamental right guaranteed
under Article 21 of the Constitution of India and in such a situation, the
conditional liberty must override the statutory embargo created under Section
37(1) (b) (ii) of the NDPS Act.
8. This Court is of the opinion that the ratio laid down in Rabi Prakash
(supra) is applicable in this case.
9. The petitioner has been in judicial custody for more than 1 year 9 months
23 days and not a single witness has been examined by the Trial Court as yet.
10. Therefore, the bail application of the petitioner is allowed.
11. It is hereby directed that the petitioner, Abdul Malek @ Abdul Melak, who
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is facing trial in NDPS Case No. 148/2024 (arising out of Gorchuk PS Case No.
301/2023) pending in the court of the learned Additional Sessions Judge No. 5,
Kamrup (Metro), Guwahati shall be released on bail of ₹1,00,000/- (Rupees one
lakh) with a surety of like amount to the satisfaction of the learned Additional
Sessions Judge No. 5, Kamrup (Metro) at Guwahati.
The bail application stands disposed of accordingly.
JUDGE
Comparing Assistant
