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2025 DAILYLAW 15616 (GAU)

MD SOHIDUL ISLAM v. THE STATE OF ASSAM

Bail Appln./2199/2025 · 2025-07-17

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010149622025 2025:GAU-AS:9270 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2199/2025 MD SOHIDUL ISLAM S/O LATE SIRJUL HAQUE R/O 1 NO. AHMEDPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 18.07.2025 Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This application is filed under Section 483 of the BNSS, praying for granting regular bail to the accused/petitioner in connection with Biphuria P. S. Case No. 112/2025 corresponding to G. R. Case No. 507/2025, registered under Sections 61(2)/318(4)/316(2)/3(5) of BNS and added Sections 179/180 of BNS. 3. The Case Diary has been received and I have perused the same. 4. The learned counsel for the petitioner, Mr. Chowdhury, submits that the accused/petitioner is innocent and he is no way connected with the alleged offence. However, he was arrested on 31.05.2025 on the allegation that some fake currency notes were recovered from his possession. It is further submitted that, at the time of registration of the FIR and submission of the forwarding report, there was no mention of Sections 179 and 180 of BNS. However, subsequently, by an order passed by the learned Trial Court, the prayer for addition of Sections 179 and 180 BNS was allowed, and the said sections were accordingly added. 5. He further contends that, as per the allegation, only fake currency notes were recovered from the possession of the accused/petitioner, and there is no mention of recovery of any printing machine or equipment. Therefore, the offence may fall under Section 180 BNS, which prescribes a statutory period of 60 days for filing of the charge sheet. It is also submitted that, apart from the alleged fake currency notes, no specific details are mentioned in the forwarding report or the seizure list. The accused/petitioner is willing to cooperate with the Investigating Officer in the Page No.# 3/3 investigation if he is granted the privilege of bail. 6. In this context, Mr. Borthakur, learned Additional Public Prosecutor, submits that a total of 1,540 fake Indian currency notes of Rs. 500 denomination, amounting to Rs. 7,70,000 (Rupees seven lakhs seventy thousand) only were recovered from the conscious possession of the accused/petitioner. The FSL report has confirmed that the notes are counterfeit. He further submits that the accused/petitioner is a habitual offender and is also involved in two other similar cases, namely, Bihpuria P.S. Case No. 96/2023 and Dispur P.S. Case No. 1162/2024, both of which are pending. It is further submitted that the alleged offence falls under the category of economic offences, and therefore, he strongly objects to the bail prayer, contending that it is not a fit case for grant of bail to the petitioner. 7. Considering the submissions of the learned counsels for both sides, and upon perusal of the materials available in the Case Diary, including the prior criminal antecedents of the accused/petitioner, I am of the view that further custodial interrogation may be necessary to unearth more facts related to the case. Accordingly, I find that this is not a fit case for granting the privilege of bail to the accused/petitioner at this stage. Hence, the prayer for bail stands rejected. 8. In terms of above, this Bail Application stands disposed of. 9. Case Diary be returned. JUDGE Comparing Assistant