Page No.# 1/2 GAHC010029232026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./463/2026 SHRI DIPANKAR RAJKHOWA SON OF LATE BROJEN RAJKHOWA, R/O VILL- MODAI GAON, P.O. AND P.S. SOOTEA, DIST. BISWANATH, ASSAM, PIN-784175. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 11.03.2026 Heard Mr. P. Bordoloi, learned counsel for the petitioner and Mr. R. G. Baruah, learned Addl. Public Prosecutor, Assam. By this application, the petitioner, namely, Shri Dipankar Rajkhowa, has prayed for grant of bail in connection with NDPS Case No. 01/2026, arising out of Sootea P.S. Case No. 103/2025 (corresponding to G.R. No. 513/2025) under Sections 20(b)(ii) (C)/29 of the NDPS Act, pending before the Court of learned Addl. District & Sessions Judge (FTC), Biswanath. The learned counsel for the petitioner has taken the sole ground in the instant case for enlarging the petitioner on bail is that Section 36 of the BNSS, 2023 was not Page No.# 2/2 followed. He has placed the arrest memo annexed to the petition, where it is not seen that signature of any witness, whether any family member or an important person of the locality was taken as mandated under Section 36 of the BNSS, 2023. Mr. R. G. Baruah, learned Addl. Public Prosecutor, however, submits that although the said flaw is seen, but he submits that the petitioner is involved in the said offence, as could be discernible from the FIR as well as the said ground was not raised during the framing of charge. On considering the submissions made at the Bar, more so due to violation of Section 36 of the BNSS, 2023, this Court deems it fit that the petitioner, named above, in connection with the above noted case, be released on bail on furnishing bail bond of Rs.20,000/- with one local surety of like amount to the satisfaction of the learned Addl. District & Sessions Judge (FTC), Biswanath, subject to the following conditions- i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; ii) That the accused petitioner 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 him from disclosing such facts to the Police Officer or the Court; and iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission. The bail application is disposed of. JUDGE Comparing Assistant