Page No.# 1/4 GAHC010232902024 2025:GAU-AS:3534 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3437/2024 BIMAL RABHA AND ANR S/O LATE PUTUL DAS R/O MUDUKI P.S. PALASHBARI DIST. KAMRUP, ASSAM 2: AJAY RABHA S/O LATE PUTUL DAS R/O MUDUKI P.S. PALASHBARI DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : P. KALITA, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 26.03.2025 Heard Mr. A Paramanik, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioners, namely, (i) Bimal Rabha and (ii) Ajay Rabha, both sons of late Putul Das, resident of village-Muduki, P.S.-Palashbari, District-Kamrup, have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in Palashbari Police Station Case No. 376/2024 under Sections 20(b)(ii)(C)/29 of the NDPS Act, corresponding to G.R. No. 1170(K)/2024, in which they were arrested on 27.09.2024 and are in custody since then. 3. Matter relates to recovery of 21.255 Kgs. and 7.142 Kgs. of suspected Ganja, together amounting to 28.397 Kgs. from the conscious possession of the petitioners. 4. Both the petitioners were arrested on 27.09.2024 in said Palashbari P.S. Case No. 376/2024 and are in custody for about 181 days till date. 5. On being enquired, Mr. M P Goswami, learned Additional Public Prosecutor, Assam, on instruction, submitted that the concerned Investigating Officer of the case neither filed Charge-Sheet in said Palashbari P.S. Case No. 376/2024 due to non-receipt of the FSL report nor filed any application before the Court for extension of the detention of the petitioners on 180 days of their detention. 6. Considering the same, the petitioners are entitled for their default bail in said Palashbari P.S. Case No. 376/2024. 7. Accordingly, the petitioners, namely, (i) Bimal Rabha and (ii) Ajay Rabha be released on default bail in said Palashbari P.S. Case No. 376/2024, on furnishing a bail bond of Rs. 75,000/- each, with 2 (two) local sureties each of the like amount, to the satisfaction of Page No.# 3/4 the learned Special Judge (NDPS) cum Sessions Judge, Kamrup at Amingaon on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Palashbari P.S. Case No. 376/2024 as and when they are required for necessary investigation of the said case; (ii) shall submit their passports, if any, before the learned Special Judge (NDPS), Kamrup, Amingaon on or before 17.03.2025; (iii) shall not leave the jurisdiction of the learned Special Judge (NDPS), Kamrup, Amingaon, without obtaining prior written permission from the said authority; (iv) shall not hamper with the investigation, or tamper with the evidence of the case; (v) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (vi) shall not indulge themselves in any offence or any criminal activities, including possession, transportation and sale of any NDPS items in future. 8. It is also made clear that in the event of filing of charge-sheet in said Palashbari P.S. Case No. 376/2024 against the petitioners and on cognizance of offence being taken by the concerned Trial Court, the petitioners shall appear before the said Trial Court on the dates fixed. 9. Failure on the part of the petitioners, (i) Bimal Rabha and (ii) Ajay Rabha, to comply with any of the aforesaid terms and conditions, the bail granted to them in aforesaid Palashbari P.S. Case No. 376/2024 shall stand automatically vacated. 10. Bail application accordingly stands disposed of. JUDGE Page No.# 4/4 Comparing Assistant