Page No.# 1/3 GAHC010258112025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3824/2025 ABHISHEK PAUL ALIAS GOPAL PAUL SON OF LATE HARIDAS PAUL RESIDENT OF SHILLONG ROAD, WARD NO. 01, P.O. AND P.S. LANKA, DIST. HOJAI, ASSAM, PIN-782446. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR I RAFIQUE, N CHAKRABORTY,MS A AFREEN,MRS S A CHOUDHURY,MS F RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 19.01.2026 Heard Ms. S.A. Choudhury, learned counsel for the petitioner and Mr. K. K. Das, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 483 of the BNSS, 2023, petitioner namely, Abhishek Paul @ Gopal Paul has prayed for regular bail in connection with Lanka P.S. Case No. 233/2025 under Sections 21(a)/ 27(A) Page No.# 2/3 of the NDPS Act. By order dated 28.11.2025, the case diary has been called for. The matter was listed on 17.12.2025 and the case diary had not been received. Today the matter was fixed for case diary. The case diary is still not received. The learned counsel for the petitioner has submitted that as per the FIR, which is dated 01.11.2025, the petitioner was arrested on 01.11.2025 and 1.39 grams of heroin was recovered from his possession alongwith a total sum of Rs. 270.00. The learned counsel for the petitioner has submitted that the petitioner is admittedly an addict and the drugs which was recovered from his possession was for his own consumption. She has further submitted that the petitioner is not involved either in trafficking or sale of narcotic drugs. She further submitted that the petitioner already has spent last 80 days in custody. The case diary is not received today and no charge sheet has been submitted. Therefore, she has submitted that the petitioner may be allowed the privilege of bail at this stage since he is ready to participate in the ongoing investigation and also to participate in the trial if any charge sheet is submitted. The learned Addl. Public Prosecutor has raised objection to the prayer made by the learned counsel for the petitioner by stating that the FIR has been registered under Section 21(a)/27(A) of the NDPS Act, which would indicates that the petitioner may be a financer of drugs trafficking. Considered the submissions made by the learned counsel for the parties and the fact that the FIR reflects recovery of 1.39 grams of heroin and a sum of total amount of Rs. 270.00 from the petitioner upon on his arrest. Given the quantity of the narcotics allegedly recovered, the money which was seized from him, the period of detention and also that the case diary is not produced before Page No.# 3/3 the Court despite 2/3 opportunities given to the prosecution, this Court inclined to grant bail to the petitioner at this stage. Accordingly, it is directed that the petitioner namely, Abhishek Paul @ Gopal Paul shall be released on bail on furnishing a bond of Rs. 10,000/- with 2 sureties of like amount to the satisfaction of the Special Judge (NDPS), Sankardev Nagar, Hojai, subject to the following conditions that the petitioner:- (i) shall cooperate with the investigation and the trial; (ii) shall not hamper or temper with the evidences; (iii) shall not try to influence any persons or witnesses acquainted with this case; and (iv) shall not indulged any illegal activity. It is provided that in violation of any of the terms of this bail order, the State will be at liberty to cancel the bail order. The bail application stands disposed of. JUDGE Comparing Assistant