Page No.# 1/4 GAHC010216572025 2025:GAU-AS:17727 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3167/2025 KUMAR SUNAR S/O- LATE KORNA BAHADUR SUNAR RESIDENT OF VILLAGE NONGSDER BLK-6, UMSNING, RIBHOI, PO AND P.S - BARAPANI DISTRICT- RIBHOI, MEGHALAYA- 793103. PRESENT ADDRESS- VILLAGE- UMWANG UMSAPHO, DISTRICT- KARBI ANGLONG, ASSAM VERSUS UNION OF INDIA REPRESENTED BY THE STANDING COUNSEL, NCB. Advocate for the Petitioner : MR J K Bhuyan, MS B GOGOI Advocate for the Respondent : SC, NCB, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 16.12.2025 Heard Mr J K Bhuyan, learned counsel appearing for the petitioner. Also heard Ms M Deka, learned Standing Counsel appearing for the NCB. 2. This is an application under Section 483 of the BNSS, 2023, filed by the petitioner, namely, Kumar Sunar, seeking bail in connection with NDPS Case No. 189/2022, Page No.# 2/4 pending before the learned Additional District and Sessions Judge No. 3, Kamrup (Metro), arising from NCB Case No. 04/2022. 3. The petitioner has been behind bars since 26.02.2022, on the allegation that certain amount of contraband have been recovered from his possession. The case has been charge sheeted. The trial is going on and the evidence of 7 (seven) prosecution witnesses have been recorded till now and it is submitted that 3 (three) prosecution witnesses are yet to be examined. 4. Learned counsel for the petitioner has submitted that on the ground of prolonged incarceration, the petitioner is entitled to bail. 5. Learned counsel for the petitioner has also submitted that 3 (three) other co-accused have been granted bail by this Court on different bail petitions by orders of different dates. 6. Learned Standing Counsel for the NCB has submitted that the prosecution is proceeding at a good pace and that the petitioner cannot rely on his own delay and adjournment to seek bail in a commercial quantity case. 7. We have gone through the objections filed and we have also gone through the orders passed in the matters of the co-accused in this case. Although the charge sheet was filed on 24.08.2022, only 7 (seven) witnesses have been examined so far. 7. In view of the facts and circumstances of the case, this Court deems it fit to grant the privilege of bail to the present petitioner. Accordingly, the petitioner, namely, Kumar Sunar, son of Late Korna Bahadur Sunar, be released on bail in said NDPS Case No. 189/2022, arising out of NCB Crime No. 04/2022, on furnishing a bail bond of Rs. 2,00,000/- (Rupees Two Lakhs), with 2(two) local sureties, each of the like amount, one of which shall be a Government employee, either State or Central, permanently serving in the State of Assam, to the satisfaction of the learned Special Judge (NDPS) –cum- Additional Sessions Judge, FTC No. 3, Kamrup (Metro) at Guwahati subject to the Page No.# 3/4 conditions that the petitioner, named above — i) shall not leave the territorial jurisdiction of the learned Special Judge (NDPS) -cum- Additional Sessions Judge, FTC No. 3, Kamrup (Metro), Guwahati without obtaining prior written permission from the said authority, till disposal of said NDPS Case No. 189/2022; ii) shall regularly attend the Trial before the learned Special Judge (NDPS) -cum- Additional Sessions Judge, FTC No. 3, Kamrup (Metro), Guwahati in said NDPS Case No. 189/2022 and shall co-operate with the said Special Court during the trial of the said case till its disposal; iii) shall not hamper and/or tamper with the evidence of the case; iv) 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 and v) shall not involve himself in any criminal activities in the future. 8. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Kumar Sunar, son of Late Korna Bahadur Sunar, the bail granted to him in said NDPS Case No. 189/2022, arising out of NCB Crime No. 04/2022 shall stand automatically vacated. 9. It is also made clear that the learned Special Judge (NDPS) -cum- Additional Sessions Judge, FTC No. 3, Kamrup (Metro), Guwahati shall be at liberty to impose any other conditions, as it deems fit and proper at the time of releasing the accused petitioner on bail in said NDPS Case No. 189/2022, arising out of NCB Crime No. 04/2022 to procure his attendance during the trial. 10. It is observed that this order relates to bail of the accused petitioner, namely, Kumar Sunar, son of Late Korna Bahadur Sunar, in said NDPS Case No. 189/2022, arising out of NCB Crime No. 04/2022 and not on merits of the case. Page No.# 4/4 11. Petitioner, named above, be released on bail accordingly, if not required in any other Criminal Case. 12. With the above observation and direction, this bail stands disposed of. JUDGE Comparing Assistant