GAUHATI HIGH COURT ISSUES ORDER KHAIMINLAL TOUTHANG V/S THE STATE OF ASSAM CASE

GUWAHATI, India, Dec. 5 -- Gauhati High Court issued the following order on Nov. 6:

1. Heard Shri P.P. Bora, learned counsel for the petitioner, namely, Khaiminlal Touthang, who has filed this bail application under Section 483 of the BNSS, 2023 read with Section 37 of the NDPS Act praying for bail in connection with NDPS Case No. 158/2021 (arising out of Sonapur PS Case No. 585/2021) registered under Sections 21(c)/24/29 of the NDPS Act.

2. The petitioner was arrested on 29.08.2021.

3. At the outset, it may be noted that the prayer for bail of this petitioner was rejected by this Court on three occasions earlier vide orders dated 18.04.2022 in Bail Appln./3706/2021 and order dated 20.12.2023 in Bail Appln./4379/2023 and order dated 29.01.2025 passed in Bail Appln./3773/2024.

4. Pursuant to earlier orders passed in this case, the scanned copies of the case records have been transmitted to this Court, which have been perused.

5. Shri Bora, learned counsel for the petitioner has submitted that the present application is mainly based on the ground that the petitioner is behind the bars since the date of his arrest i.e. 29.08.2021 and therefore, further custodial detention is not necessary. He has further submitted that out of the 9 nos. of cited PWs, till date only 3 nos. of PWs have been examined.

6. By drawing the attention of this Court to the earlier orders of rejection of the prayer for bail of the petitioner in earlier cases, the learned counsel for the petitioner has submitted that while the prayer was rejected, there was a direction to expedite the hearing and conclude the trial. However, in spite of such directions being reiterated in the orders, there is no progress at all leading to long incarceration.

7. The learned counsel for the petitioner has also submitted that in the meantime, 4 other accused persons have been granted bail and parity would demand a similar treatment.

8. Per contra, Shri Lahkar, learned Addl. PP, Assam strenuously opposes the prayer for grant of bail of the petitioner. He submits that on 09.03.2022 the charge sheet has been submitted and the trial has begun. It is submitted that there are 9 nos. of PWs, out of which, 3 nos. of PWs have already been examined. It is further informed that the case records would reveal that for rest of the witness, summons were being issued till to a certain date, but for some reason and the other, the rest of the witnesses have not been able to be appeared.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x1R1%2B5vo7Vke0Y62Yg0lEsSnsPVsrwB53JA6s2WwGHme&caseno=Bail%20Appln./2960/2025&cCode=1&cino=GAHC010203162025&state_code=6&appFlag=)

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