Page No.# 1/4 GAHC010024752026 2026:GAU-AS:2923 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./404/2026 DILNUR ALI S/O ABDUL KAJIR RESIDENCE OF VILL- AGIYATHURI, DADARA, P.S. HAJO, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.02.2026 1. Heard Mr. M. Hoque, learned counsel for the accused applicant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting regular bail to the Accused/applicant namely, Dilnur Ali who was arrested on 30.12.2025 and produced him before the Learned Special Judge, Kamrup, Amingaon, Assam on 31.12.2025 in connection with Hajo P.S. Case No. 539/2025, under Section 21(b)/29 of the NDPS Act. 3. The prosecution story, in gist, is that on 30.12.2025, secret information was received regarding a drug peddler roaming around Agiyathuri, near Ganesh Mandir. Acting on the said information, the police apprehended two accused persons, namely Sultan Ahmed and Dilnur Ali. One soap box containing suspected heroin was recovered from the possession of Sultan Ahmed, and one knife was recovered from the possession of Dilnur Ali. On receipt of the FIR, the police registered Hajo P.S. Case No. 539/2025 under Sections 21(b)/29 of the NDPS Act. Page No.# 3/4 4. The learned counsel appearing for the accused applicant submits that the accused applicant was arrested on the very same date as mentioned in the FIR and has been in custody for the last 56 days. 5. He further submits that nothing incriminating was recovered from his possession and that the suspected contraband materials were recovered from the other co-accused, namely Sultan Ali. It is contended that the accused applicant had no knowledge of the possession of any contraband materials by the said Sultan Ali. He further submits that although the Case Diary was called for on several occasions, the same has not yet been produced. Taking into account the aforesaid facts, it is prayed that this Court may grant him bail, particularly as the quantity allegedly recovered is of intermediate quantity and was not recovered from his possession. 6. The learned APP opposes the bail application at this stage. 7. Taking into account the fact that the Case Diary has not yet been received by this Court and that the accused applicant has been in custody for 56 days, this Court is of the considered opinion that, at this stage, the accused applicant deserves to be released on bail. Accordingly, it is directed that the accused applicant be released forthwith on bail upon furnishing a bail bond of Rs. Page No.# 4/4 50,000/- with one surety of the like amount to the satisfaction of the learned Special Judge, Kamrup, Amingaon, subject to the following conditions: I. That the accused applicant shall co-operate with the investigation in the instant case and make himself available as and when called for by the IO. II. That the accused applicant shall not try to influence the evidence or witnesses that may be involved in the instant case. 8. In terms of the aforesaid direction, the instant bail application is disposed of. JUDGE Comparing Assistant