[Cites 5, Cited by 0]
Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 16 February, 2026
Page No.# 1/4
GAHC010013652026
2026:GAU-AS:2198
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/158/2026
BEBUL HUSSAIN ALIAS BABUL
SON OF LATE TOBARAK ALI
R/O VILL- BRAHMANSAHASAN P.S. NILAMBAZAR, DIST. SRIBHUMI
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. M A CHOUDHURY, MR A AHMED,U U KHAN,MISS. P M
AHMED,MR. A AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
Date : 16.02.2026
Heard Mr. A. Ahmed, learned counsel appearing on behalf of the accused-
applicant. Also heard Mr. R. J. Baruah, learned Addl. P.P., representing the State.
2. This is an application filed under Section 482 BNSS, 2023, praying for granting
pre-arrest bail to the accused applicant, namely, Bebul Hussain & Babul, in connection
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with Special (NDPS) Case No. 65/2025, arising out of Nilambazar P.S. Case No.
96/2025, regisetered under Sections 22(c)/25/29 of the NDPS Act, 1985, pending before
the learned Court of Sessions Judge, Sribhumi.
3. An FIR lodged on 18.07.2025, alleging that on receipt of certain secret information
by one S.I. (P) Samar Barman of Nilambazar P.S., that one Motorcycle bearing No. NL-
J-7917, which was ridden by one person, namely, Abdul Azad, was suspected to be
transporting huge number of narcotics contraband from Nilambazar side to Sribhumi.
Accordingly, during Naka checking, at about 7:20 PM, the Motorcycle was detained and
the person was apprehended. On search, 30,000 (thirty thousand) of Yaba tablets were
recovered from the possession of the person, namely, Abdul Azad.
4. On receipt of the FIR, the aforesaid Special (NDPS) Case No. 65/2025, under the
aforementioned Sections was registered.
5. After investigation, the police filed the Charge-sheet, vide Charge-sheet No.
131/2025 dated 03.12.2025 against the aforesaid Abdul Azad as well as the present
accused-applicant.
6. Mr. Ahmed, learned counsel for the accused-applicant submits that the accused-
applicant has been named in the Charge-sheet only on the basis of suspicion and on the
basis of a confessional statement that has been made by the main accused before the
police. He submits that the law has been settled by the Hon'ble Supreme Court in catena
of cases that on the basis of a confessional statement, a person cannot be termed as
'accused' without having any materials linking the accused person to the offence. In this
connection, he has referred to the case of Tofan Singh Vs. The State of Tamilnadu,
reported in (2021) 4 SCC 1 as well as the case of Sanjeev Chandra Agarwal & Anr.,
Vs. Union of India, reported in (2021) 20 SCC 57. On the basis of the aforesaid case
laws, he submits that the Hon'ble Supreme Court has ruled out the use of confessional
statement against another person. He submits that in the instant case also, other than the
confessional statement, there is no incriminating material connecting the accused-
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applicant to the offence so alleged in the FIR. Therefore, on this ground alone, he should
be granted bail.
7. The TCR in the instant case has been produced before this court.
8. Mr. Baruah, learned Addl. P.P., submits that the main accused, namely, Abdul Azad
has specifically stated before the police that the seized contraband was, in fact, delivered
to Abdul Azad by the accused-applicant. He submits that there is a clear link of the
accused-applicant with the main accused in the instant case. He further submits that the
CDR records of the Mobile Phones have been received, but, at this stage, it cannot be
made out whether there are materials in the CDR which directly or indirectly implicates
the accused-applicant. He further submits that since the Charge-sheet has been filed
under Section 29 of the NDPS Act, the conspiracy between the accused-applicant and
the main accused cannot be ruled out. In view of the aforesaid, he submits that at this
stage, this Court should not allow the accused-applicant to go on bail, as he has been
already shown as 'Absconder' in the Charge-sheet.
9. This Court has gone through the materials brought before this Court as well heard
as the submissions made by the learned counsel for the respective parties.
10. Taking into account the ratios laid down by the Hon'ble Supreme Court in the case
of Tofan Singh (supra), Sanjeev Chandra Agarwal (supra) as well as the case of
Rambali Sahni Vs. State of Bihar, (Criminal Appeal No. 105/2026), decided on
07.01.2026, this Court is of the considered opinion that, in the TCR which has been
produced before this Court, there is prima facie no such material suggesting a direct link
of the accused-applicant to the offence that has been alleged in the FIR. The CDR of the
mobile phone of the accused-applicant also, prima facie, does not indicate any active
link of the accused-applicant with the main accused, i.e., Abdul Azad. Therefore, this
Court is of the considered view that the accused-applicant should be given the privilege
of pre-arrest bail at this stage, subject to certain conditions.
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11. In view of the aforesaid, it is directed that in the event of arrest of the accused-
applicant by the investigating authority in connection with Special (NDPS) Case No.
65/2025, he shall be released on furnishing a bail bond of Rs. 1,00,000/- (Rupees One
Lakh only) with two sureties, one of which has to be a Government servant to the
satisfaction of the learned Special Judge (NDPS), Sribhumi, subject to the following
conditions: -
(1) That the accused-applicant shall appear before the learned Special Judge (NDPS),
Sribhumi within a period of 10(ten) days of passing of this order;
(2) The accused-applicant shall participate in the trial relating to the case and be present
before the Trial Court as and when required;
(3) The accused-applicant shall surrender the copies of his Pan Card, Aadhar Card,
Driving License and the Passport (if any) to the Court of Special Judge (NDPS), Sribhumi;
(4) that the accused applicant shall not leave the jurisdiction of the learned Special
Judge (NDPS), Sribhumi, without prior permission of the said Court and when such leave is
granted by the said Court, the accused applicant shall submit his addresses and contact
details during such leave before the said Court; and
(5) The accused-applicant shall not hamper the investigation nor tamper with any
evidence nor influence any witnesses connected with the case and shall appear as and when
called for and fully co-operate in the investigation of the case.
12. In view of the aforesaid directions, the instant anticipatory bail application is
disposed of as allowed.
JUDGE
Comparing Assistant
