Page No.# 1/3 GAHC010135492025 2025:GAU-AS:9174 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2021/2025 HIROK JYOTI DEKA ALIAS HRIHAR DEKA S/O- LATE RUCHINATH DEKA, R/O- JATIA BHANGRA, P.S- BAIHATA CHARIALI, DIST-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. N K DAS, B DEKA,MR. A S ALI,MR. A SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.07.2025 1. Heard Mr. N.K. Das, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Hirok Jyoti Deka@Harihar Deka, who has been detained behind the bars since 18.05.2025 (for the last 59 days) in connection with Baihata Chariali P.S. Case No. 122/2025 under Sections 21(b)/29 of the NDPS Act, 1985. 3. The gist of accusation in this case is that on 18.05.2025, one Jayanta Rajkhowa, had lodged an FIR before the Officer-In-Charge of Baihata Chariali Police Station, that on that day an information was received through reliable sources that the present petitioner in association with some other persons would be selling suspected heroin at Muktapur Chowk in the evening hours. 4. Accordingly, a search team was constituted and it reached the Muktapur Chowk and spotted three persons there, including the petitioner. On search of the petitioner, 12.76 grams of suspected heroin was recovered from him. 5. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 59 days and as the contraband involved in this case is of intermediate quantity, the maximum statutory period of detention during investigation is only 60 days. 6. The learned counsel for the petitioner has submitted that the co- accused persons have already been granted bail by the Trial Court. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Baihata Chariali P.S. Case No. 122/2025 and has submitted that the investigation has fairly progressed and it is pending Page No.# 3/3 for receipt of the FSL report. 8. Considering the submissions made by the learned counsel for both sides and also considering the progress of the investigation as well as the period of detention already undergone by the petitioner, the above- named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Additional Sessions Judge, Rangia, with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 9. Send back the Case Diary. 10. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant