Page No.# 1/5 GAHC010051842026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./771/2026 SRI ASMAT ALI S/O JAYNAL SHEIKH RESIDENT OF DALANERALGA, PART - I , P.O- RANGAMATI, P.S - GAURIPUR, DIST- DHUBRI, ASSAM, PIN - 783339 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./869/2026 DILDAR ALIAS DILJAR HOQUE S/O MOZAMMEL HOQUE R/O BILASIPARA TOWN WARD NO 02 PS DHUBRI DIST DHUBRI ASSAM PRESENT R/O ISLAMPUR NEAR MASJID ULUBARI Page No.# 2/5 PS LATASHIL DIST KAMRUP M ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR D MEDHI Advocate for : PP ASSAM appearing for STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 30.03.2026 Heard Mr. A.R. R. Karim and Mr. D. Medhi, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Asmat Ali and Dildar @ Diljar Hoque, praying for grant of bail in connection with GHY GRPC Case No. 44/2026 under Section 305(c)/317(4)/123/62 of BNS, 2023. 3. The petitioners were arrested on 27.02.2026. 4. An FIR was lodged on 27-02.2026 by the railway police with the allegations that on 26-02-2026, when they were conducting some routine surveillance at Jagi Road railway station and during search exercise, they Page No.# 3/5 got some information about two druggers. Later, they found the said suspects boarded in Avadh Assam Express and the police party kept a watch upon them. Thereafter, a search was conducted upon them and 50 numbers of sedative tablets within packets including 30 from Asmat Ali; one stolen mobile; three packets of biscuits; two numbers of backpacks; Aadhaar card etc. were found. It is alleged that the persons were identified as Dildar @ Diljar Hoque and Asmat Ali. It is also alleged that the Dildar Hoque is a habitual offender who was earlier arrested in another case under GRPS. 5. It is submitted by learned counsel for the petitioners that the penal provisions which have been given would not be attracted in the instant case. It may be mentioned that no provision of the NDPS Act has been given and the nature of the sedative tablets stated to have been seized are not described. 6. The case diary has been received. 7. Learned Additional Public Prosecutor submits that the accused persons are using the sedative tablets and biscuits etc. to tranquillise passengers after befriending them and thereafter, loot valuables from them. 8. This has also emerged from the statements of one of the accused. However, the same would not be admissible in law being a statement before police. 9. I have perused the ingredients of the penal provisions under which the case has been registered. Perhaps, it can be said that the materials found against the petitioners could be by way of preparation for Page No.# 4/5 committing such offences. 10. Nevertheless, in the facts and circumstances and also considering the length of detention, they can be granted bail, subject to suitable conditions. 11. Accordingly, the accused-petitioners, named above, shall be released on bail in connection with GHY GRPC Case No. 44/2026 under Section 305(c)/317(4)/123/62 of BNS, 2023, on furnishing bail bond of Rs.50,000/- each with one suitable surety each of the like amount to the satisfaction of learned concerned court [CJM, Kamrup(M)]. 12. The direction for bail is further subject to the following conditions: (i) That the petitioners shall not abscond; (ii) That the petitioners shall co-operate with the remaining investigation; (iii) That the petitioners shall not hamper or tamper with evidence; and (iv) That the petitioners shall not misuse their liberty to commit any offence, including any illegal activities or offences in trains. 13. Violation or breach of any condition(s) shall entail cancellation of bail. 14. With the above observations, this bail petitions stand allowed and disposed of accordingly. Page No.# 5/5 15. Send back the case diary. JUDGE Comparing Assistant