Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010122102025
2025:GAU-AS:7731
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1866/2025 KUMUD THAKURIA SON OF LT. KARMESWAR THAKURIA R/O VILL- UTTARPARA P.O. BAGAANPARA P.S. BARBARI, DIST. BAKSA, ASSAM MOBILE NO. 7664010670 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. A K AHMED,MR. Y ALI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 11.06.2025
1. Heard Mr. N.J. Dutta, the learned counsel for the petitioner. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor, appearing for the State of Assam. Page No.# 2/5
2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Sri Kumud Thakuria, who has been detained behind the bars since 11.04.2025 (for the last 62 days), in connection with Tezpur P.S. Case No. 206/2025, corresponding to G.R. Case No. 508/2025 under Sections 179/3(5) of BNS, 2023. 3. The gist of accusation in this case is that on 01.04.2025, one S. R. Jain, I.P.S. had lodged an FIR before the Officer-in-Charge of the Tezpur Police Station, inter-alia, alleging that on receipt of information through relevant sources regarding transportation of suspected trade currency through Tezpur area, a naka checking was arranged in front of Borghat Police Outpost. 4. 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. 5. In the same vehicle two accused persons, namely, Abul Hussain (present petitioner) and Keshav Saraniya were found and they were arrested. 6. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR neither anything has been seized from his possession, however, he was arrested in this case on the basis of statement made by the co-accused. He further submits that the petitioner has been detained behind the bars for the last 62 days and considering the period of detention already undergone by him, he may be allowed to
Page No.# 3/5 go on bail. 7.
On the other hand, the learned Additional Public Prosecutor, has produced the Case Diary of Tezpur P.S. Case No. 206/2025, and has submitted that the main accused in this case is one Rajesh Das and Keshav Saraniya and the present petitioner is one of his associates, who is involved in illegal business of fake currency. 8. The learned Additional Public Prosecutor however submits that in the meanwhile, the main accused Rajesh Das has already been granted bail by this Court. 9. He also submits that sufficient materials are found against the present petitioner and therefore, he opposes the grant of bail to the present petitioner. 10. I have considered the submissions made by the learned counsel for both sides and I have gone through the case diary of the Tezpur P. S. Case No. 206/2025, which was produced by the learned Additional Public Prosecutor before this Court. 11. On the other hand, it also appears that there are sufficient incriminating materials against the petitioner in the case diary as the fake currency seized in this case was recovered from his possession as well as some other incriminating materials were also found from his possession. 12. However, it also appears that the investigation has fairly progressed against him and it is pending only in relation to the other accused persons who are yet to be arrested. Page No.# 4/5
13. It is also pertinent to note that the petitioner has been detained behind the bars for the last 62 days and two of the co-accused are granted bail today by this Court considering the progress of the investigation as well as the period of their detention. 14.
In the case of the present petitioner also, considering the progress of the investigation as well as the period of detention of the present petitioner within the 62 days, this Court is of considered opinion that his further custody and interrogation may not be necessary for fair completion of the investigation if he cooperates in the investigation. The above-named petitioner is allowed to go on bail of Rs. 50,000/- (Rupees Fifty Thousand only), with one suitable surety of like amount to the satisfaction of the learned Sessions Judge, Sonitpur, Tezpur subject to the following conditions: (i) That the petitioner shall cooperate in the investigation of the Tezpur P.S. Case No. 206/2025; (ii) That the petitioner shall appear before the Investigating Officer of the Tezpur P.S. Case No. 206/2025, as and when so required by him for the sake of fair completion of the investigation; (iii) 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 before the Investigating Officer; (iv)That the petitioner shall provide his contact details including photocopies of his Aadhar Card or Driving License or PAN Card as well as Mobile Number, and other contact details to the Investigating Officer;
Page No.# 5/5 (v) That the petitioner shall not leave the jurisdiction of the Court of the learned Sessions Judge, Sonitpur, Tezpur without prior permission of said Court and when such leave is granted by the said Court the petitioner shall submit his leave address and contact details during such leave before the said Court; and (vi) That the petitioner shall not commit any offence while on bail. 15. This bail application is accordingly disposed of. JUDGE Comparing Assistant