Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010097742025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1500/2025 MD. SURAJ ALI.
C/O- JAMIR ALI.
R/O- GODAMGHAT, P.S- CHARIDUAR.
DIST.- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R BARUAH, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 05.06.2025
1. Heard Mr. R. Baruah, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS has been filed by the petitioner, namely, Md. Suraj Ali, who has been detained behind the bars since 05.04.2025 (for last 60 days) in connection with Tezpur P.S. Case No. 206/2025
Page No.# 2/3 under Sections 179/3(5) of BNS. 3. The gist of accusation in this case is that on 01.04.2025, one Samiksha R. Jain had lodged an FIR before the Officer-in-charge of Tezpur, inter alia, alleging that on receipt of an information through reliable sources that some miscreants were transporting some suspected fake currency through Tezpur, a naka checking was organized in front of Borghat Outpost. During naka checking, a vehicle bearing Registration No. ML-05-M-0011 was intercepted and during search operation suspected fake currency of Rs.1,21,200/- was recovered therefrom. At the time of seizure, two accused persons, namely, Rajesh Das and Keshav Saraniya were arrested. 4. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in the FIR. He submits that nothing was seized from the possession of the present petitioner. He also submits that the petitioner has been arrested merely on the basis of the statement given by the co-accused. He also submits that the petitioner has already been detained behind the bars for the last 60 days and considering the period of detention, he may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has placed the case diary of Tezpur P.S. Case No. 206/2025 and has vehemently opposed the grant of bail to the present petitioner. He submits that the petitioner was the intended recipient of the fake currency. It is submitted that the fake currency was carried for delivering the same to the present petitioner. However, before that the carriers were apprehended. 6. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on the ground. Page No.# 3/3
7.
Though the co-accused who were also arrested in this case and from whose possession the fake currency was recovered have implicated the present petitioners, however, considering the length of detention of the present petitioner (60 days), this Court is of the opinion that his further custodial detention may not be necessary for fair completion of the investigation, if he co- operates in the investigation. 8. For the aforesaid reasons, the above named petitioner is allowed to go on bail Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Tezpur with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such
facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation;
9. This bail application is accordingly disposed of.
10. Send back the case diary.
JUDGE Comparing Assistant