Page No.# 1/3 GAHC010040172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./545/2025 KHARKA BAHADUR BORDEWA AND ANR. S/O MAN BAHADUR BORDWA, R/O NAMATI (KHA), MAZBAT, DIST. UDALGURI, ASSAM 2: SRI DIPANKDAR CHOUDHURY S/OLT. DILIP CHOUDHURY R/O NAMATI (KHA) MAZBAT DIST.UDALGURI ASSA VERSUS THE STATE OF ASSAM REP BY THE LD. PP, ASSAM Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL,MS. K MALAKAR,MR. A BHATTACHARJEE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23.06 . 2025 1. Heard Mr. A. Bhattachareya, learned counsel for the petitioners (1) Sri Kharka Bahadur Bordewa and (2) Sri Dipankar Choudhury, who have filed this bail application under Section 483 of BNSS, 2023, with prayer for bail as they are behind bars since 27.02.2024 in connection with Special (N) Case No. 14/2024 (arising out of Dalgaon P.S. Case No. 44/2024) under Sections Page No.# 2/3 20(b)(ii)(C)/ 29 of the NDPS Act. 2. Also heard Mr. P.S. Laskar, learned Addl. Public Prosecutor, Assam for the State respondent. 3. It is submitted on behalf of the petitioners that the petitioners are behind bars for last 482 days. Not a single witness has been examined so far. One co- accused has already been enlarged on bail. The petitioners have prayed for bail on the ground of parity. It is further submitted that not a single witness has been examined so far from the enlisted witnesses. There are 10 enlisted witnesses shown in the charge sheet. Culmination of trial appears to be remote. 4. Learned Addl. P.P. has raised serious objection stating that petitioners are booked in a heinous offence. 25 Kgs of ganja was recovered from the petitioners while they were transporting. 5. On the contrary, learned counsel for the petitioners has submitted that the ganja was not recovered from the petitioners but from the driver and the petitioners were the helpers in the vehicle bearing registration No. AS-25EC- 4855. The allegation against the petitioners and the co-accused is that on 26.02.2024 on a trip of, a naka checking was held at NH- 15 near Batabari and the petitioners alognwith their co-accused were intercepted while they were proceeding by a Tata D.I. Pickup bearing registration No. AS-25EC-4855. On searching the vehicle, 25.230 K.Gs. of ganja was recovered from 5 white coloured polythene bags. 6. I have considered the submissions at the bar with circumspection. 7. I have also considered the length of detention. Not a single witness has been examined so far. It appears that culmination of trial indeed appears to be Page No.# 3/3 remote. 8. I have considered the submission that the petitioners are willing to cooperate with the remaining part of the trial and to abide by any stringent bail conditions. I have scrutinized the trial court record. 9. Considering entire aspect, it appears that bail may be granted to the petitioners. I have also considered the peculiar facts and circumstances of this case. 10. In view of the above and considering the length of detention, the petitioners named above be enlarged on bail on furnishing a bond of Rs. 1,00,000/- each with a suitable surety each of like amount to the satisfaction of the learned trial Court under the conditions that:- (1) the petitioners shall refrain from such activities with which they are alleged, (2) the petitioners shall not jump the bail and shall not exercise threats to any witness, 11. On breach of any of the bail conditions, the trial court shall be at liberty to immediately cancel the bail granted to the petitioners. 12. Bail application stands disposed. JUDGE Comparing Assistant