Page No.# 1/4 GAHC040000462025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/4/2025 Rafikul Islam Son of Late Akbar Ali, resident of Village Ahmedpur No.2, PO Islamgaon, PS Bihpuria, Lakhimpur District, Assam 787054 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Khyoda Moses, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 31.01.2025 1. Heard Mr. N. Hasan, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor appearing for the State. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, Rafikul Islam, Page No.# 2/4 who is apprehending his arrest in connection with Naharlagun P.S. Case No.92/2024, under Sections 281/111(4)/221 of BNS, 2023 read with Sections 27/29 of the NDPS Act, 1985 read with Section 3 of the Prevention of Damage to Public Property Act, 1984. 3. The gist of accusation in this case is that on 09.08.2024, one Shri Niri Rama, Sub Inspector, had lodged an FIR before the Officer-in-Charge of Naharlagun Police Station, inter-alia, alleging that on 08.08.2024, on receipt of the information through reliable sources that prohibited drugs would be carried in a white colour Scorpio N vehicle, and naka checking was organized and during the operation, one Babu@ Ainul@ Rajibul was apprehended. During the interrogation, it was disclosed by the apprehended accused that he had previously involved in selling heroin in Doimukh area. 4. The learned counsel for the applicant has submitted that the accused applicant has not been named in the FIR. He further submits that nothing was recovered from his possession. However, the police are searching for him in connection with this case. The learned counsel for the applicant further submits that the accused applicant is ready to co-operate in the investigation, if he is allowed to go on anticipatory bail. 5. On the other hand, Ms. T. Jini, learned Addl. P.P. has produced the Case Diary of Naharlagun P.S. Case No.92/2024, and has submitted that at this stage of investigation, the only incriminating materials against the present applicant is that one of the co-accused, namely, Ainul Haque, has implicated him by stating that it is on the direction of the present accused applicant that he has come to the Arunachal Pradesh to supply the prohibited drugs. 6. I have considered the submissions made by the learned counsel for both Page No.# 3/4 the sides and have gone through the materials on record. 7. Since the investigation at this stage reveals that the only incriminating material against the present accused applicant is the statement of the co- accused, which by itself cannot be a ground to deny bail to him, if he otherwise co-operates with the investigating. In view of the principles laid down by the Apex Court in the case of Tofan Singh Vs. State of Tamil Nadu, reported in (2021) 4 SCC 1, wherein it has been held that the accused applicant cannot be held solely based on the co-accused’s statement unless corroborated by independent evidence. Hence, the prayer of the present applicant is allowed. 8. This anticipatory bail application is accordingly disposed of, with a direction to the applicant, Rafikul Islam, to appear before the Investigation Officer in connection with Naharlagun P.S. Case No.92/2024, within a period of 10 (ten) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, the present applicant shall be allowed to go on bail, on furnishing a bail bond of Rs.30,000/-(Rupees Thirty thousand) only with 2 (two) sureties of like amount, one of whom should be the resident of the State of Arunachal Pradesh, to the satisfaction of Arresting Authority, subject to the following conditions: (i) That the accused applicant shall co-operate in the investigation and shall appear before the Investigating Officer of the case as and when called for; and (ii) That the accused applicant shall not directly or indirectly make any threat or inducement to any person(s) with the knowledge of the facts to dissuade from disclosing such facts. Page No.# 4/4 9. With the above observations, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant