Page No.# 1/4 GAHC010027612026 2026:GAU-AS:3439 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./514/2026 , DEBAJIT DAS SON OF GHANASHYAM DAS RESIDENT OF VILL- BAGHMARA P.S. GHAGRAPAR DIST.NALBARI ASSAM PIN-781369 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. N J DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 09.03.2026 1. Heard Mr. N. J. Dutta, learned counsel for the applicant. Also heard Mr. B. Sarma learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. This application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023 by Shri Debajit Das, who has been detained behind the bars since 04.02.2026 (for the last 33 days) in connection with Basistha P. S. Case No.47/2026, under Sections 250/199/308(5)/3(5) of BNS, 2023 read with Section 20 (b) (ii)(A) of NDPS Act, 1985. 3. The gist of the accusation in this case is that, on 03.02.2026, the Superintendent of Central Jail, Guwahati had lodged an FIR before the Officer- in-Charge of Basistha Police Station, inter-alia, alleging that two police personnel, namely, LNK Kankan Borah and Debajit Das were found to take undue advantage of their official duty within the jail premises and were found to be acting in violation of lawful directions. It is alleged that they used to ask for money from the prisoners in exchange of providing better facilities. It was also alleged that they used to threaten to torture and harass the jail inmates in jail premises if they don't succumb to their demand. It is also alleged in the FIR that during regular frisking of the police personnel engaged in the duty inside the jail premises 19 small packets of suspected ganja were recovered from co- accused Kankan Borah. 4. The learned counsel for the petitioner has submitted that the accusation against the present petitioner is that it is he who had procured ganja from outside and handed it over to Shri Kankan Borah. 5. He however, submits that the co-accused Shri Kankan Borah had already been granted bail by the Court of learned Additional Sessions Judge, No. 1, Kamrup (Metro) on 05.03.2026 in Bail Application No. 83/2026. Page No.# 3/4 6. He submits that since the main accused from whose possession the contraband was recovered has already been granted bail and since the quantity of contraband is of small quantity he may be allowed to go on bail. 7. On the other hand, the learned Additional Public Prosecutor, Mr. B. Sarma submits that since the co-accused Shri Kankan Borah has already been allowed to go on bail by the Trial Court and since the present petitioner stands on more or less on the same footing and the investigation in respect of the present petitioner has progressed substantially. 8. He leaves it on the Court for considering the prayer for bail. 9. I have considered the submissions made by the learned counsel for both sides. I have also gone through the case diary. 10. Since the state has not agitated the bail granted to the co-accused Shri Kankan Borah by the trial court and since the said co-accused stands on the same footing as that of the present petitioner as well as considering the period of detention of the present petitioner, this Court is of the considered opinion that if the present petitioner continuous to cooperate in the investigation, his further custodial detention may not be necessary for fail completion of investigation. 11. Accordingly the petitioner Shri Debajit Das is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro) with the following conditions: i. The petitioner shall co-operate in the investigation, ii. The petitioner shall not directly or indirectly make any Page No.# 4/4 inducement, threat or promise to the informant or to other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 12. Send back the case dairy. 13. This bail application is, accordingly, disposed of. JUDGE Comparing Assistant