Page No.# 1/4 GAHC010186982025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2711/2025 ZOMUANPUIA S/O RAMTHIANGHIMA, VILL. KHUANGLENG, P.S. CHAMPAHAI, DIST. CHAMPHAI, MIZORAM. VERSUS THE STATE OF ASSAM REP. BY PP ASSAM Advocate for the Petitioner : MR. N UDDIN, J.R. SAKACHEP,MR H J TAMULI,MR. A K SARMA,H M I HOQUE,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13-10-2025 Heard Mr. A.K. Sarma, learned counsel for the accused applicant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State respondent. This application has been filed under Section 483 of the BNSS, 2023 for granting bail to the accused applicant, namely Zomuanpuia in respect of Samaguri P.S. Case No.166/2025 under Page No.# 2/4 Sections 61(2)(a)/336(3)/179 of BNS. The case that has been narrated in the FIR is that one Chandan Patoway of Sibasthan PP of Samaguri P.S. has filed an FIR on 25.07.2025, before the Samaguri Police Station, alleging that the accused applicant had appeared before the Sibasthan Police Patrol Post in an injured condition and looking into the condition of the person, he was sent for medical treatment immediately. After the medical treatment, his statement was recorded, wherein, he stated that he had come from Champai Mizoram along with three other friends with the intention of purchasing fake currencies. After certain coordination with other persons, who were supposed to be the sellers of fake currencies, he along with other friends reached Amoni, from where they had been taken by a vehicle to a nearby house located in the village Tekeliputa, where they were joined by some other persons. Certain fake currency notes and a note counting machine were shown to them. However due to their unwillingness to buy the fake currencies, there was a fight occurred between the parties and the accused applicant got injured during the fight and thereafter, he went to the police station to report the incident. After receipt of the FIR, Samaguri P.S. Case No.166/2025 under Section 61(2)(a)/336(3)/179 of BNS has been registered. The accused person was arrested in connection with the aforesaid case on 26.07.2025 and since then he is inside the jail and it has been submitted by the learned counsel for the accused applicant that he has already been inside the jail for the last 80 days. Case diary in the instant case has been received and it is seen that after investigation, police has recovered an amount of Rs.1,36,000/- (Rupees one lakh thirty six thousand) from one Rajia Khatun, who was also arrested in connection with the instant case. Learned counsel appearing for the accused applicant submits that the Sections that have been put against him are not applicable in the instant case as the accused applicant has neither forged nor faked any currency notes. He further submits that the accused applicant was not involved in any kind of trafficking of fake currency though there was an allegation that he came to buy those fake currencies. He submits that other accused persons have already been arrested in the instant matter and the accused applicant is inside the jail for the last 80 days. Therefore, at this stage, further custodial detention of the accused applicant may not be required and police has already investigated the matter for the last 80 days. He submits that in view of the aforesaid, the accused applicant may be granted bail Page No.# 3/4 and he may be allowed to participate in the trial proceeding though the charge-sheet has not been filed as yet. Whereas, learned Additional Public Prosecutor submits that the investigation is going on and certain other accused persons are yet to be arrested by the police and fake currencies involved in the instant case have not been recovered. The learned Additional Public Prosecutor submits that the accused applicant is involved in the instant case of buying and selling of fake currencies as he has categorically stated before the police that he came to purchase fake currencies and which itself is an offence. Therefore, he submits that at this stage bail may not be granted to the accused applicant. This Court has heard the argument forwarded by the learned counsel for the parties and has also perused the case diary that has been produced before the Court. After hearing the learned counsel for the parties, this Court is of the opinion that the accused applicant has already been detained by the police for 80 days and further custodial detention may not be required in the instant matter. In view of the aforesaid, this Court is of the considered opinion that the accused applicant may be granted bail with the following conditions:- i) The accused applicant shall furnish a bail bond of Rs.65,000/- (Rupees sixty five thousand) and two sureties of the like amount, out of which, one local surety who should be a local resident of the district of Nagaon to the satisfaction of SDJM, Kaliabor, Nagaon ; ii) The accused applicant shall not try to hamper or tamper with the evidence whatsoever in the instant case; iii) That the accused applicant shall cooperate in the investigation and he will make himself present before the Investigating Authority as and when required or called for by the Investigating Authority. Page No.# 4/4 In view of the above observation, the instant bail applicant stands disposed of as allowed. Return the case diary. JUDGE Comparing Assistant