Bail Appln./1124/2026 of KAJAL ROY ALIAS KAJAL RAY Vs THE STATE OF ASSAM on 20 May 2026

ORDER

Date : 21.05.2026 Heard Mr. S. Ahmed, learned counsel, appearing for the petitioner and Mr. B. Sharma, learned Addl. Public Prosecutor, appearing for the State respondent.

2. This is an application under Section 483 of the BNSS, 2023, petitioner namely, Kajal Roy @ Kajal Ray has prayed for regular bail in connection with Special NDPS Case No. 15/2024 (arising out of Goreswar P.S. Case No. 32/2024) registered under Sections 20(b)(ii)(C) of the NDPS Act, pending in the Court of the learned Special Judge, Baksa.

3. The petitioner was initially arrested in connection with Tamulpur P.S. Case No. 178/2024 under the NDPS Act and was thereafter shown as arrested in connection with Special NDPS Case No. 15/2024 arising out of Goreswar P.S. Case No. 32/2024.

4. The trial court record as called for has been received and perused.

5. The learned counsel for the petitioner has submitted that the petitioner is similarly situated as the co-accused who has been granted bail on the ground that the co-accused was shown arrested in Goreswar P.S. Case No. 32 of 2024 on the strength of order of the competent court and he was not informed the ground of arrest in connection with the said case.

6. We have gone through the records of the case and found that the petitioner is similarly situated persons with the petitioner in Bail Application No. 852 of 2026 and both the petitioners have been arrested in connection with the same case under the same sections of law and under the same facts and circumstances of the case.

7. Therefore, having considered the submissions of the learned counsel for the parties and upon perusal of the record, this Court finds that the order of the learned Special Judge, Baksa, allowing the petitioner to be shown arrested and remanding him to custody does not disclose any reasons for such arrest or remand. There is also nothing on record to indicate that the petitioner was informed of the grounds of his arrest. Accordingly, the continued detention of the petitioner after being shown to be arrested in the second case is found to be in violation of the constitutional mandates. However, considering the nature of the allegations and the fact that the petitioner is involved in more than one case under the NDPS Act, this Court is of the opinion that stringent conditions are required to be imposed while granting bail to the petitioner.

8. Accordingly, the petitioner, namely Kajal Roy @ Kajal Ray, shall be released on bail upon furnishing a bond of Rs. 30,000/- with two sureties of the like amount, one of whom shall be a Government servant and at least one shall possess immovable property of equivalent value within the jurisdiction of the learned Special Judge, Baksa, subject to the following conditions:

(i) The petitioner shall appear before the Investigation Officer of the said Goreswar P.S. Case No. 32/2024 as and when he is required for the purpose of investigation;

(ii) The petitioner shall not leave the territorial jurisdiction of Goreswar Police Station without obtaining prior written permission from the concerned Investigating Officer of the case;

(iii) The petitioner shall not hamper the investigation or tamper with the evidence of the case;

(iv) 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 them from disclosing such fact to the Court or to any Police Officer;

(v) The petitioner shall not involve himself in any criminal activities in future; and

(vi) The learned Special Judge, Baksa shall be at liberty to impose such other conditions as may be deemed fit.

9. In case of any violation of the aforesaid terms and conditions by the petitioner, the bail granted to him in the aforesaid Goreswar P.S. Case No. 32/2024 shall stand liable to be revoked.

10. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant