Page No.# 1/3 GAHC010085552026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1157/2026 PRAFULLA KALITA S/O- RUHINI KALITA, R/O- DEOCHAR, P.S. BOKO, KAMRUP (R), ASSAM VERSUS STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR P DAS, MR K J PATHAK,MS N BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 20.05.2026 1. Heard Mr. P. Das, learned counsel for the petitioner Prafulla Kalita who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 02.04.2026 in connection with Boko Police Station Case No. 75/2026 under Sections 20(b)(ii)(B) of the NDPS Act, 1985. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the Page No.# 2/3 respondent State has raised serious objection stating that Case Diary is received but the FSL report is not received. Bail cannot be considered without the submission of the FSL report. It is further submitted that there are incriminating materials in the Case Diary against the petitioner. 3. On the other hand, the learned counsel for the petitioner has submitted that Ganja was recovered from the premises and Ganja was not procured by the petitioner. The petitioner's father may be involved in procurement of Ganja. 4. I have considered the submissions at the Bar with circumspection. 5. The petitioner has been behind bars for 49 days. I have considered the progress of investigation. It appears that custodial detention may not be required for the progress of investigation. 6. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Special Judge, Amingaon under the conditions that: (i) The petitioner shall refrain from such activities with which he is alleged, (ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) The petitioner shall not tamper with the evidence, and (iv) The petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3 7. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioners. 8. In terms of the above observation, this bail application stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant