Page No.# 1/5 GAHC010123002026 2026:GAU-AS:9151 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1638/2026 AJIKUL ISLAM SON OF LATE AYUB ALI, VILLAGE GEREKI, PO KUMARGAON, PIN 782125, PS RUPAHIHAT, NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M RAHMAN, MD A RAHMAN,R J OJAH,H AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 24.06.2026 1. Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 BNSS, seeking bail of the petitioner, namely, Ajikul Islam, who was arrested on 21.12.2025 in connection with Rupahihat P.S. Case No. 420/2025 under Sections 123 of BNS, R/W Section 22 (c)/25/8(c) of NDPS Act. 3. Brief fact of the case is that on 16.12.2025, the police apprehended one Bidyut Jyoti Saikia @ Moon at Gorematikhowa, Nagaon and upon search of his house, recovered 26 bottles of cough syrup and 36 strips Nitrazepam tablets, which amounts to commercial quantity, and in the course of investigation, the present accused was also arrested on 21.12.2025. 4. It is submitted by the learned Addl. Public Prosecutor that the charge- sheet in the case has already been submitted on 30th March, 2026 and the scanned copy of the Trial Court Records is available. 5. Mr. M. Rahman, on the other hand, submits that besides violation of Section 36/48 of the Bharatiya Nagrik Suraksha Sanhita(BNSS), 2023, it is evident from the forwarding report itself that the petitioner has been arrested solely on the basis of statement of the co-accused, which fact cannot be improved upon or developed by the I.O subsequently, and therefore, the petitioner is entitled to be released on bail on this ground alone, in view of the decision of the Hon’ble Apex Court in Tofan Singh vs. State of Tamil Nadu, Page No.# 3/5 (2021) 4 SCC 1. 6. As rightly submitted by Mr. M. Rahman, learned counsel for the petitioner, the forwarding report in respect of the present petitioner dated 22.12.2025 indicates that the petitioner has been arrested as, according to the statement of the prime-accused Bidyut Jyoti Saikia @ Moon, he purchases the suspected contraband from the petitioner. There is no mention of any recovery of any such contraband from the possession of the present petitioner. The petitioner, on being produced before the learned Magistrate on 21.12.2025, was remanded to six days in police custody and the police again produced the petitioner before the Magistrate, after two days of police remand, and the forwarding report dated 26.12.2025 indicates that the petitioner was thoroughly interrogated in course of such police remand in course of which he admitted his guilt, but there is no mention of unearthing of any other material other than his own statement in the said forwarding report. Furthermore, during his remand period in judicial custody, no further prayer was made before the learned Magistrate by the I.O for his further interrogation. It has been held by the Apex Court in P. Krishna Mohan Reddy vs. The State of Andhra Pradesh: 2025 Live Law (SC) 598 that statement of a co-accused cannot be taken into consideration even in the matter of consideration of bail. 7. From the above, prima facie, it appears that there may be grounds to believe that the petitioner is not involved in the alleged offence of dealing in any quantity of contraband substance. Furthermore, with regard to the possibility of his indulging in any similar offence if granted bail, it is noticed that although several cases have been mentioned in the forwarding report as pending against the present petitioner, only one of them i.e. Rupahihat P.S Case No. 85/2025 Page No.# 4/5 relates to an offence under the NDPS Act and in the said case, the petitioner has been granted default bail vide Order dated 08.05.2025 by the learned Special Judge, Nagaon, Assam. 8. The co-accused of the case, Furkanul Islam, was granted interim bail by order dated 07.05.2026 passed by this Court in Bail.Appln No. 772/2026, subsequently made absolute. 9. Having regard to the above, I am of the view that a case for grant of bail has been made out and accordingly, it is directed that the petitioner, Ajikul Islam, shall be released on bail of Rs. 1 lakhs with two sureties of like amount each to the satisfaction of the learned Special Judge, Hojai, on the following conditions: (a) The petitioner shall not leave the territorial jurisdiction of the learned Special Judge, Hojai, Assam, without prior written permission of the said Court; (b) The petitioner shall not hamper the investigation or tamper with the evidence of the case; (c) 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 officer. (d) The petitioner shall surrender his passport, if any (if not already surrendered), before the learned Special Judge, Hojai, Assam. (e) The petitioner shall not try to contact any of the witnesses by any mode including telephone, social media etc. 10. It is further directed that the petitioner shall appear before the learned Trial Court regularly during the trial, if one commences. Page No.# 5/5 11. Accordingly, the bail petition is disposed of. JUDGE Comparing Assistant