Page No.# 1/3 GAHC010088642025 2025:GAU-AS:6246 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1351/2025 DINA NATH YADAV S/O- SRI RAM CHANDRA YADAV. R/O- 84/1 3RD BYE LANE, SUBHASH NAGAR DUMDUM, CANTONMENT MILAN SAMITY CLUB, RABINDRA NAGAR, P.S- DUMDUM, DISTRICT-NORTH 24 PARGANAS, WEST BENGAL VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : S. KAUR, L BANIK,N NEOG Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.05.2025 Heard learned counsel Ms. L. Banik for the petitioner Sri Dina Nath Yadav. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 22.12.2023 in connection with NDPS Case No.16/2024 arising out of Dillal P.S. Case No.74/2023 under Section 20(b)(ii)(c) and 29 of NDPS Act, 1985. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State. 4. It is submitted that 3 out 9 witnesses have been examined, but not a single witness has supported the prosecution case. 5. It is submitted that the grounds of arrest were also not communicated to the petitioner. 6. It is further submitted that the Annexure-E is the arrest memo, which clearly reflects that the grounds of arrest were not mentioned in the arrest memo or the notice under Section 50 of Cr.P.C. 7. Per contra, the learned Additional Public Prosecutor Mr. M.P. Goswami has raised serious objection stating that the petitioner was present in the Tata Sumo vehicle, which was transporting 21.085 kgs of ganja. 8. It is further submitted that 3 (three) witnesses have already been examined and the case was proceeding at a regular pace. Page No.# 3/3 9. I have considered the submissions at the Bar with circumspection. 10. It is true that grounds of arrest were not communicated to the petitioner in a manner understood by the petitioner. It appears that bail may be granted to the petitioner. 11. Considering all aspects, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.1,00,000/- with the 2 (two) local sureties of like amount to the satisfaction of the learned trial Court under the conditions that:- (i) The petitioner shall co-operate with the trial. (ii) The petitioner shall not jump the bail, and (iii) The petitioner shall not exercise threats to the witnesses or try to influence them. 12. On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner. 13. In terms of the above observation, the Bail Application stands disposed of. JUDGE Comparing Assistant