Page No.# 1/3 GAHC010144092026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1981/2026 DIPU KUMAR BHAGAT SON OF RAMA SANKAR BHAGAT RESIDENT OF ERA GAON, P.O.- BALIPARA DISTRICT - SONITPUR, PIN- 784101 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R P SARMAH, MS. MOMI BAISHYA,MS A DEKA,MR. D DOLEY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 31 .0 7 . 2026 Heard Mr. R.P. Sarma, learned senior counsel, assisted by Ms. A. Deka, learned cousnel for the petitioner and Mr. K.K. Das, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. This bail application has been filed by the petitioner namely Dipu Kumar Bhagat under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), Page No.# 2/3 2023, seeking regular bail in connection with Dhekiajuli P.S. Case No. 94/2026 (G.R. Case No. 502/2026), registered under Sections 20(b)(ii) (B)/29 of the NDPS Act. As per the FIR, one Jadev Chetri was apprehended on 19.03.2026 at Chariduar, Tezpur, while transporting huge quantity of ganja and the petitioner was shown arrested on 30.04.2026. It appears from the charge sheet that the present petitioner has been arrested on the basis of statement of the aforesaid co-accused. A perusal of the FIR dated 12.04.2026 shows that the apprehended accused Jadav Chetri had named one Horen Keyot transporting the contraband and the name of the present petitioner does not find mention therein. From the above, it appears that there is no other material as such other than the alleged statement of the co-accused to implicate the present petitioner, who has been behind the bars since 29.04.2026. The learned Addl. Public Prosecutor has submitted that there are material against the petitioner and has objected to the prayer of bail. In view of decision of the Apex Court in P. Krishna Mohan Reddy Vs. State of Andra Pradesh: 2025 INSC 725, the statement of the co-accused cannot be taken into consideration in deciding the bail application. Consequently, the material available in the case diary leads the court to hold the view that the petitioner may not be guilty of the alleged offences or that he may commit similar offence if released on bail. Accordingly, the prayer for bail is allowed. Accordingly, it is directed that the petitioner named above shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with two sureties of the like amount to the satisfaction of the Page No.# 3/3 learned Elaka Magistrate in connection with the aforementioned case, subject to the following conditions that: (i) the petitioner shall regularly participate in the trial as and when trial commences, and; (ii) the petitioner shall not try to influence or intimidate any person/ persons or the witnesses, who are acquainted with the facts of the case, in any manner. The bail application is disposed of. Return the case diary. JUDGE Comparing Assistant