Page No.# 1/3 vs The Union Of India
2025 Latest Caselaw 7644 Gua

Gauhati High Court

Page No.# 1/3 vs The Union Of India on 25 September, 2025

                                                                              Page No.# 1/3

GAHC010188052025




                                                                       2025:GAU-AS:13310

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

                               Case No. : Bail Appln./2736/2025

            KRISHAN SINGH
            SON OF CHORU SINGH
            R/O SEACHA BALIKOTE P.S. RAMBAN
            DIST. RAMBAN JAMMU
            PIN-182144



            VERSUS

            THE UNION OF INDIA
            REPRESENTED BY THE SC, NCB



Advocate for the Petitioner   : MR D CHUTIA,

Advocate for the Respondent : SC, NCB,




                                   BEFORE
                   HONOURABLE MR. JUSTICE ANJAN MONI KALITA

                                          ORDER

Date : 25.09.2025

Heard Mr. D. Chutia, learned counsel appearing for the accused-applicant. Also heard Ms. N. Kakati, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, NCB.

2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita Page No.# 2/3

(BNSS), 2023, praying for granting of bail to the accused-applicant who was arrested on 01.02.2020 in connection with NDPS Case no. 43/2020 pending before the learned Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati ('the Trial Court', for short) under Section 20 (b) (ii) (c) read with Section 29 of the NDPS Act.

3. It is submitted by the learned counsel for the accused-applicant that the applicant has already completed more than 5 (five) years in the Judicial Custody. He has further submitted by relying on a Judgment of the Hon'ble Apex Court in "Supreme Court Legal Aid Committee representing Undertrial Prisoners vs. Union of India and others, reported in (1994) 6 SCC 731," wherein, in Paragraph 15 (iii), it is stated as follows :-

'15. (iii) Where the undertrial accused is charged with an offence(s) under the Act punishable with minimum imprisonment of ten years and a minimum fine of Rupees one lakh, such an undertrial shall be released on bail if he has been in jail for not less than five years provided he furnishes bail in the sum of Rupees one lakh with two sureties for like amount.'

4. Considering the aforesaid guideline that has been laid by the Hon'ble Apex Court, this Court is of the view that further Custodial Interrogation of the accused-applicant is not necessary in the interest of investigation of the case.

5. The learned counsel for the accused-applicant has also pointed out that a co-accused namely, Gurdeep Singh, who was also arrested in connection with the same NDPS Case no. 43/2020, arising out of NCB Crime Case no. 04/2020, has already been released on bail by a co-ordinate Bench of this Court on Bail Application no. 1504/2024 vide its Order dated 27.06.2025.

6. Considering the fact that the accused was arrested on 01.02.2020 and he has already spent more than 5 (five) years and 6 (six) months inside the jail, this Court is of the considered opinion that this is a fit case wherein, the accused-applicant should be released on bail.

7. Accordingly, the accused-applicant namely, Krishan Singh, son of Choru Singh shall be Page No.# 3/3

released on bail of Rs. 1,00,000/- (rupees one lakh) with two suitable sureties of like amount to the satisfaction of the learned Additional Sessions Judge No. 2, Kamrup (Metro), Guwahati. This is further directed that the bail is subject to the following condition :-

(i) The accused-applicant shall not leave the territorial jurisdiction of the learned Trial Court without prior written permission from the Trial Court till the disposal of the case.

8. In view of the aforesaid, this instant bail application is disposed of as allowed.

JUDGE

Comparing Assistant