Page No.# 1/3 GAHC010252752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3641/2024 NUR ALAM S/O LATE ABDUL KHALAK VILL- 2 NO. ISLAMPUR P.O. ISLAMPUR P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MAHIBUR RAHMAN, MS ASFIA AHMED,MR AZIZUR RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.01.2025 1. Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by Page No.# 2/3 the petitioner, namely, Nur Alam, who has been detained behind the bars since 10.10.2024 (for last 84 days) in connection with Dispur P.S. Case No. 1098/2024 under Sections 61(2)/318(4)/62/179/180/111(3) of the BNS, 2023. 3. The gist of accusation in this case is that on 08.10.2024, one Bidhan Das, SI of Police had lodged an FIR before the Officer-in-charge of Dispur Police Station, inter alia, alleging that on receipt of a secret information through reliable source regarding possession of fake currency by some miscreants, a search operation was conducted on R. J. Baruah Road and during search operation, one Mahindra Bolero vehicle baring Registration No. ML-06-8742 was intercepted. During search operation of the said vehicle, 46 nos. of fake Indian currency notes and some other incriminating documents were found. 4. The learned counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged in the FIR and nothing has been found from his possession. He has also submitted that the petitioner has been implicated in this case only on the basis of statement made by the co-accused persons from whose possession, the fake currency notes were recovered. 5. The learned counsel for the petitioner has also submitted that the petitioner has been detained behind the bars for last 84 days and considering the length of detention, he may be allowed to go on bail. 6. On the other hand, learned Additional Public Prosecutor has produced the case diary of Dispur P.S. Case No. 1098/2024 and has submitted that the investigation has fairly progressed and there are sufficient incriminating materials against the present petitioner in the case diary, therefore, he opposes the grant of bail to the present petitioner. Page No.# 3/3 7. I have perused the materials available on record including the case diary as well as considered the submissions made by the learned counsel for both the sides. 8. Though, there are incriminating materials in the case diary against the present petitioner, however, considering the progress made in the investigation as well as period of detention (84 days) already undergone by the present petitioner, his further custodial detention does not appear to be necessary for fair completion of the investigation of Dispur P.S. Case No. 1098/2024. 9. In view of above, the petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. With the above observation, this bail application is disposed of. 11. Send back the case diary. JUDGE Comparing Assistant