Page No.# 1/5 GAHC040012882026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/78/2026 Nangram Sankio Son of Shri nangram Tarang, resident of Vivek Vihar, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Orin Modi, Kano Kirkom,Noni Nobeng,Duram Miyu,Ajit Bonia Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : --31.08.2026 Heard Mr. O Modi, the learned counsel for the petitioner. Also heard Mr. R. T Ete, the learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot in connection with Itanagar P.S. Case No. 188/2025, Page No.# 2/5 registered under Sections 21 (b)/29 of NDPS Act, corresponding to NDPS Case No. 20/2026. 3. It is submitted by Mr. Modi, the learned counsel for the petitioner that this is a subsequent bail application after rejection of the bail petition for the present accused/petitioner vide its order dated 03.06.2026. He further submitted that the case has already been charge-sheeted and at present the case is at the stage of evidence. 4. Mr. Modi further submitted that the only ground for the subsequent bail application is the medical ground of the father of the accused who was initially undergone surgery of gallbladder. But, subsequently he developed the problem of varicose veins in his lower limb which requires an urgent surgery or else the person may be completely paralyzed. He further submitted that the mother of the accused had died 8 years ago and hence there is none to take care of his old ailing father, who is presently suffering from the problem of varicose veins in his lower limb. He further submitted that the medical advice of the doctor was passed subsequently to the order dated 03.06.2026 and hence at that relevant point of time in the bail application the medical emergency of the father of the accused could not be brought in petition. 5. Mr. Modi further submitted that the applicant is a close relative/friend of the present petitioner and he is ready to produce the accused as and when the date is fixed by the learned Special Judge. He further submitted that he is a permanent resident of the State of Bihar, however, since last 20 years he was residing in Arunachal Pradesh and the temporary address has also been stated in the petition. He is ready and willing to provide the sufficient bailor to the satisfaction of the Court, if he is granted with the privilege of bail. Page No.# 3/5 6. Mr. Ete, the learned Additional Public Prosecutor raised objection and submitted that his earlier bail application was rejected wherein a detailed order has been passed considering the materials in the Case Diary. Mr. Ete further submitted that the medical emergency can be considered on humanitarian ground but, here in the present case it is not the case that the accused is suffering from any disease which requires an urgent medical attention. But, it is the case that his father is suffering from some sort of disease. But, the petition does not disclose as to whether any other family member of the accused is present/available to look after his old ailing father. He further submitted that only on humanitarian ground a temporary relief may be extended. But, here in the instant case as the petition is also silent in regards to family members of the accused for the medical attention of his father. Accordingly, he submitted that the present bail petition may not be considered at this stage. 7. Hearing the submission made by the learned counsel for both sides, I have also perused the case record and it reveals from the record that vide its earlier order dated 03.06.2026, a detailed discussion was made and after perusal of the scanned TCR, the earlier bail application was rejected. However, it is a fact that in the earlier bail application, the ground for medical emergency was not brought on the record and thus it was not considered in the earlier bail application. From the medical documents annexed along with the petition it is seen that there is a medical advice for surgery and the father of the accused is also suffering from varicose veins of his lower limb, which may be a medical ground even for paralysis, if the surgery is not done in a period of time. However, in the same time it also cannot be denied that the person is from the State of Bihar and procurement of his presence may be a problem for the learned Special Judge while remitting the case. Page No.# 4/5 8. Considering all other aspects of this case, especially the medical condition of the father of the accused/petitioner, this Court is of opinion that on humanitarian ground an interim protection/bail can be granted to the petitioner for a specific period with a direction to surrender himself before the learned Special Judge as well as the jail authority after the completion of the said period. In view of this the bail for the present petitioner is extended for 3 (three) months with a direction to the accused/petitioner to surrender before the learned Special Judge, vis-a vis the jail authority and accordingly he is directed to surrender on or before 30th November, 2026. 9. Accordingly, it is provided that on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with two sureties out of which one must be a Government Servant surety of like amount to the satisfaction of the learned Special Judge, the accused/person, namely, Md. Anitulla, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall appear before the Court of learned Special Judge, on each and every date to be fixed by the Court; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall submit his Aadhaar Card and PAN Card before the learned Special Judge; and (iv) that the petitioner shall not leave the jurisdiction of the learned Page No.# 5/5 Special Judge, without prior permission. 10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant