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Judgment
This bail application under Section 483(1) of BNSS, 2023 is filed for modification of the order dated 28.08.2026 passed by Ld. Special Judge, NDPS, Sepahijala District, Sonamura in connection with Special NDPS 46 of 2026.
Heard Learned Counsel, Mr. Sankar Lodh appearing on behalf of the accused-applicant and also heard Learned Counsel, Mr. Koushik Datta appearing on behalf of the respondent-Union of India.
Taking part in the hearing, Learned Counsel, Mr. S. Lodh drawn the attention of the Court that by order dated 28.08.2026, Learned Trial Court granted bail to the accused-applicant with the following terms and conditions:-
“Accused Sri. Parimal Debnath shall be released on bail on his execution of a bond of Rs.1,00,000/- with two sureties of like amount out of which one of the surety must be a government servant with further conditions that:
(i)he shall not leave the jurisdiction of this Court without prior permission;
(ii)he shall not try to influence the prosecution witnesses in any manner and
(iii)he shall attend before this court on each and every date of hearing henceforth. I.D. to J/C till 10.09.2026.”
But according to Learned Counsel for the accused-applicant since the accused-applicant is from Udaipur, Gomati District so, it has become difficult on his part to comply with the order passed by the Learned Trial Court and as such, Learned Counsel urged for modification of the said order.
Learned Counsel, Mr. K. Datta for the respondent-Union of India opposed the submissions made by Learned Counsel for the accused-applicant and submitted that, considering the gravity of the offence that the prayer of the accused-applicant should be rejected.
Heard both the sides at length and perused the said order.
By the said order Learned Trial Court has granted bail to the present accused-applicant.
It is the admitted position that the present accused-applicant belongs to Udaipur under Gomati District. Now, by the said order dated 28.08.2026 it has become difficult on his part to comply the said order of the Learned Trial Court because by the said order Learned Trial Court has fixed an embargo upon him not to leave the jurisdiction of the Court without prior permission. But as the accused-applicant belongs to Gomati District so, I think it would be difficult on his part to comply with the said order. Accordingly, after hearing both the sides, it appears that only the said part of the order be modified.
In the result, the prayer of the accused-applicant is partly allowed.
The order dated 28.08.2026 granted by Learned Trial Court is hereby modified to the extent that the accused-applicant shall not leave the jurisdiction of Sepahijala District and Gomati District without prior permission of the Learned Trial Court during the period of bail.
With this observation, this present bail application accordingly stands disposed of.
Send a copy of this order to the Learned Trial Court for information and necessary action.
Also a copy of this order be supplied to Learned Counsel for the accused-applicant for information and compliance.