Page No.# 1/4 GAHC010047152026 2026:GAU-AS:4174 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./693/2026 SABBIR AHMED S/O BURHAN UDDIN R/O VILL- DEFALALA, P.S. PATHERKANDI DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 23.03.2026 Heard Mr A Ahmed, learned counsel appearing for the petitioner. Also heard Ms S H Bora, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. The scanned copies of the Trial Court Record, which have been received, have been perused. 3. This bail application under Section 483 of the BNSS, 2023, has been filed praying for granting of bail to the petitioner, namely, Sabbir Ahmed, who has been in custody since 01.07.2025, in connection with Special NDPS Case No. 71/2025, arising out of Nilambazar PS Case No. 89/2025, registered under Section 21(C)/25/29 of the NDPS Act, 1985, pending in the Court of learned Special Judge, Sribhumi. 3. The learned counsel for the petitioner has submitted that at the time of arrest, the arrest memo was not attested by any independent witnesses. Accordingly, he has submitted that the arrest of the petitioner being vitiated for violation of the mandatory provisions of Section 37 of the BNSS, 2023, the petitioner would be entitled to bail. 4. The learned Additional Public Prosecutor appearing in the matter has submitted that although the arrest memo may not have contained the signatures of an independent witness, the inspection memo and other documents including the notice under Section 47 and Section 48 of the BNSS, 2023, having been supplied to the petitioner in due time, the petitioner would not be entitled to the privilege of bail. 5. The learned counsel for the petitioner has referred to different orders passed by this Court in bail applications, where on the ground of the violation of provisions of Section 36 of the BNSS, 2023, this Court has held the arrested person to be entitled to the benefit of a bail during the trial period. 6. Having gone through the orders passed by this Court in the different bail orders and also having gone through the facts and circumstances of this case, including the scanned copies of the Trial Court Record, this Court does not find Page No.# 3/4 any reason to differ from the opinion expressed in Bail Application No. 3650/2025, disposed of on 20.01.2026 and Bail Application No. 324/2026, disposed of on 13.03.2026. 7. The learned Additional Public Prosecutor has placed reliance on the order dated 06.08.2025, passed by this Court in Bail Application No. 2289/2025. However, we find that in that particular case, the Court did not find any infringement of violation of fundamental rights of the petitioner, since at the time of her arrest, witnesses were present. 8. In the present case, the Case Diary does not reveal the presence of witnesses at the time of arrest. 9. In such view of the matter, this Court finds that the petitioner would be entitled to bail, since on the violation of the mandatory provisions of Section 36 of the BNSS, 2023, and in the absence of any record to show the presence of witnesses at the time of arrest, accordingly, the petitioner is directed to be released on bail on furnishing a bail bond of Rs. 50,000/-, with two sureties of the like amount, at least one of whom shall be a Government Servant, serving either with the State or Central Government and at least one of whom shall have landed property within the jurisdiction of the learned trial Court, to the satisfaction of the learned Trial Court at Goalpara, under the following conditions:- i) The petitioner shall not leave the territorial jurisdiction of investigating officer and/or the learned Trial Court, without prior written permission; ii) The petitioner shall not hamper and tamper with the evidence of the case; iii) The 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 Court or to any police Page No.# 4/4 officer. iv) The petitioner shall surrender his passport, if any (if not already surrendered) before the learned Trial Court v) The petitioner shall not try to contact any of the witnesses by any mode including telephone, social media etc. vi) The petitioner shall appear before the investigating authority and/or learned Trial Court, as and when required to do so; vii) The learned Trial Court shall be at liberty to impose such other condition or conditions as may be deemed necessary to ensure the participation of the petitioner in the investigation. viii) The petitioner shall not engage in any illegal activity of similar nature in the future. x) The investigating authority shall be at liberty to bring any violation of the conditions imposed to the notice of the competent court and request for a recall/cancellation of bail. 10. The bail petition is disposed of. JUDGE Comparing Assistant