Page No.# 1/4 GAHC010045262026 2026:GAU-AS:3790 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./682/2026 KADIR GUNI AND ANR S/O ABUL BASA, R/O MOIRADOS, PS DHING, DIST NAGON, ASSAM 2: ZOHIR UDDIN ALIAS JEHIRUL UDDIN S/O FAIJUL ALI R/ PACHIM BABLONG PS LANKA DIST HOJAI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P R SARMA, MR A RASHID,MS P DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA 16.03.2026 ORDER Heard Mr. P. R. Sharma, learned counsel appearing for the accused applicant and Mr. M. P. Goswami, learned Addl. PP for the State of Assam. Page No.# 2/4 2. This is an application filed under Section 483 of BNSS, 2023, praying for granting bail to the accused applicants in connection with Jakhalabandha P.S. Case No. 65/2025 under Section 21(c)/29 of the NDPS Act. 3. An FIR was lodged on 17.06.2025 by S.I. Shri Rintumani Deka of Jakhalabandha Police Station before the Officer-in-Charge of Jakhalabandha Police Station alleging, inter alia, that on 17.06.2025, an information was received about a road accident occurred at Hatbor Chariali, wherein, a scooty collided the rear side of an e-rickshaw; that due to the collusion both the riders of the scooty sustained some injuries; that on arrival at the place of occurrence, it was found that one of the person was shifted to Kaliabor Sub-Divisional Civil Hospital, Jakhalabandha for preliminary medical treatment and the other person was at the place of occurrence along with the scooty; that the damaged scooty was found lying on the road side and during examination of the vehicle went pointed about a black polythene hidden in the lower part of the scooty and on examination, it was found that bag containing 969 grams (with soap cases and polythene pouch) and 289 grams (net weight of suspected heroin without soap cases); that total 25 soap cases were recovered from the aforesaid polythene bags. 4. On receipt of the FIR, the Police registered Jakhalabandha P.S. Case No. 65/20254 was registered under the aforementioned sections. 5. The Police filed charge sheet in the instant case and the matter is at stage of production. Page No.# 3/4 6. The learned counsel appearing for the accused applicants submits that though cognizance was taken on 18.09.2025, however, the trial is yet to have started. He submits that on several occasions, the PWs have not turned up during the trial. In view of the aforesaid, he submits that the accused applicants should be granted the liberty of bail. 7. This Court has taken into consideration the submissions made by the learned counsel appearing for the respective parties. 8. The Hon’ble Supreme Court of India in the case of X-Appellant-vs-State of Rajasthan & Anr; reported in 2024 Supreme (SC) 1106 has made an observation that in ordinary circumstances in serious offences like rape, murder, dacoity, etc., and offences under the special act, wherein, there is statutory bars in granting bail, once trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused applicant. This Court is in full agreement with the observation of the Hon’ble Apex Court and taking into consideration the fact and situation in the instant case, this Court is not inclined to grant bail to the accused applicants, at this stage. 9. In view of the aforesaid, this Bail application stands rejected. JUDGE Page No.# 4/4 Comparing Assistant