Page No.# 1/3 GAHC010252342024 2025:GAU-AS:4444 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3640/2024 TANMOY GUPTA S/O LATE RATHINDRA KR. GUPTA @ LATE RATHINDRA GUPTA R/O VILL- CHINAIHANI, P.O. USHA BAZAR, SINGARBIL DIST. WEST TRIPURA, STATE- TRIPURA, PIN CODE- 799009. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S RAHMAN, MS L MISHRA,MS. S PHUKAN,MR S KHOUND Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 09-04-2025 Heard learned counsel Mr. S. Rahman for the petitioner Tanmoy Gupta, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 with prayer for bail as he is behind bars since 27.03.2023 in connection with Garchuk Police Station Case No. 90/2023 under Sections 20(C)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (G.R. No. 2127/2023). 2. Heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the petitioner that more than two years has been completed. Only two witnesses have been examined so far. Six witnesses are enlisted as cited witnesses in the charge sheet. 4. Earlier when bail was rejected, the learned Trial Court was directed to expedite the trial for speedy disposal of this case but the Trial Court has ignored the directions of this Court. 5. It is further submitted that the petitioner is not even the owner of the truck. The owner of the truck is Dilip Kumar Saha. 76 kgs of Ganja has been recovered but not from the possession of the petitioner. 6. It is true that the petitioner has been behind bars for more than two years since 27.03.2023. Only two witnesses have been examined so far. The co- accused have already been enlarged on bail. 7. I have scrutinized the Trial Court Record. I have considered the peculiar facts and circumstances of this case. The petitioner was arrested at a later stage. 76.881 kgs of Ganja was recovered from the truck bearing registration No. TR-01-AU-1894. The merits of this case are not brought to the fore as trial is still under progress. It appears that culmination of trial appears to be remote. Page No.# 3/3 8. I have considered the submissions that the petitioner is willing to cooperate with the remaining part of trial. The petitioner is willing to abide by any stringent bail conditions if imposed upon him. 9. Considering the peculiar facts of this case, it appears that bail may be granted to the petitioner. The petitioner is enlarged on bail on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lac) with two local sureties of like amount to the satisfaction of the learned Trial Court under the conditions that :- the petitioner shall not jump the bail and cooperate with the remaining part of trial. 10. The Trial Court may impose additional conditions to secure the attendance of the petitioner. 11. In terms of the above observation, this Bail Application stands disposed of. 12. Send back the Trial Court Record. JUDGE Comparing Assistant