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2025 DAILYLAW 2461 (GAU)

FAYJUL ISLAM v. THE STATE OF ASSAM

AB/3054/2025 · 2026-02-18

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010285532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3054/2025 FAYJUL ISLAM S/O IDRISH ALI, VILL- TEKELIPUTA, P.S.- SAMAGURI, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, H M I HOQUE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 19.02.2026 1. Heard Mr. D. Medhi, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Fayjul Islam, has prayed for Page No.# 2/3 granting pre-arrest bail, apprehending arrest in connection with Samaguri P.S. Case No. 166/2025, registered under Section 61(2) (a)/336(3)/179 of BNS, 2023. 3. The case arose out of an ejahar dated 25.07.2025, lodged by police official. The allegations are somewhat peculiar in the sense that one injured person appeared at the police station was from Mizoram and from him it is revealed that while he was in a vehicle where other persons also boarded, he was taken to a place where Rs. 11,00,000/- (Eleven Lakhs) which he was supposedly carrying for exchanging with fake currency, was offered to be exchanged with other fake currency by the persons who had taken him and on their refusal, the said amount of Rs. 11,00,000/- (Eleven Lakhs) carried by him (supposedly genuine currency) was snatched away. In the initial investigation, it is indicated that informant as well as the other accused persons were suspected to be involved in peddling of fake currency 4. Earlier bail petition was rejected by this Court on 30.10.2025 in AB No. 2461/2025. 5. Up to date case diary was called for. However, learned Additional Public Prosecutor submits that in the meantime, investigation has been completed resulting in a charge-sheet vide CS No. 178/2025 dated 24.10.2025. 6. In view of completion of investigation, despite the nature of the alleged offence, I am of the considered view that bail can be allowed. 7. Accordingly, it is also provided that in the event of arrest of the petitioner, named above, in connection with above mentioned case, shall Page No.# 3/3 be released on furnishing bail bond of Rs.50,000/- with a suitable surety each of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) Shall be available for trial; (b) Shall not hamper or tamper with the evidence of the case. (c) Shall not commit any illegal activity. 8. Petitioner shall appear before the learned court below and submit fresh bail bond and necessary order may be passed by the learned court below. 9. Accordingly, this anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant