Abdul Malek Alias Abdul Melak vs The State Of Assam
2025 Latest Caselaw 6334 Gua

Gauhati High Court

Abdul Malek Alias Abdul Melak vs The State Of Assam on 26 August, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                      Page No.# 1/3

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 Page No.# 2/3

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 Page No.# 3/3

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