Page No.# 1/4 GAHC010123462026 2026:GAU-AS:11616 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1643/2026 SANDIP KUMAR S/O -SHRI RAM NARESH RAM,RESIDENT OF - TASHAGARH, P.S. DHANA DHEENA, DISTRICT CHANDAULI, UTTAR PRADESH. PIN-232104 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. K DAS,MS. R DEVI,P SHARMA,MS. K L R YANTHAN,B KALITA,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. J-BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 17.08.2026 Heard Mr. S. C. Biswas, learned counsel appearing for the accused applicant and Mr. R. J. Baruah, learned Addl. PP for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused applicant in connection with Sessions Case No. 118/2026 under Section 61(2), 318 (4), 62, 178, 179, 180 of BNS, 2023 corresponding to G. R. (P.S. Case No.49/2026 under Section 61(2), Page No.# 2/4 318 (4), 62, 178, 179, 180 of BNS, 2023. 3. An FIR was filed on 05.03.2026 before the Officer-in-Charge, Guwahati G.R. Police Station by ASI Jadab Chutia alleging inter alia that while conducting checking of the luggage & bags of passengers at Kamakhya Railway Station along with GRP Personnel, they intercepted a person at Platform No. 1 and on finding him suspicious, they checked his bag. It is alleged that during the checking, they found 2 (two) bundles of both side printed suspected Fake Indian Currency Notes (FICN) in Rs.500/- denomination and 8 (eight) bundles of one side printed suspected Fake Indian Currency Notes in Rs.500/- denomination inside a black colour laptop bag (YGL) from the possession of the accused person who identified himself as Sandip Kumar. On the basis of the FIR, the Police registered the G.R. (PS) Case No. 49/2026 on the aforementioned sections. 4. The accused applicant was arrested on 07.03.2026 and for the last 162 days, the accused applicant is behind the bar. After completion of the investigation by the Police, the Police filed the charge sheet on 31.03.2026 and presently, the case is pending for evidence. 5. The learned counsel appearing for the accused applicant submits that the accused applicant is an unemployed boy from Uttar Pradesh who came to Kamakhya Mandir for the blessings of the goddess and during his visit, he came across one FB post which mentioned about return of huge amount of money in exchange of some investment. Being lured by such advertisement, he handed over Rs.1,00,000/- to one person and in turn, that person had given him a bag containing certain currency notes. He Page No.# 3/4 submits that he was totally unaware that any fake currency was inside the bag. He thought the same to be genuine currency and had been paid to him in lieu of his payment of Rs.1,00,000/-. The learned counsel for the accused applicant submits since his knowledge about the fake currency is not there, there is no mens rea involved in the alleged offence as mentioned in the FIR. 6. In view of the aforesaid, the learned counsel appearing for the accused applicant submits that since prima facie there is no mens rea/offence committed by the accused applicant, there is every possibility that the accused applicant shall be acquitted during the trial. Therefore, he submits that since the accused applicant is already behind the bar for the last 162 days, at this stage, the accused applicant should be released on bail. 7. In support of his submission that there is no mens rea of the accused applicant, he has referred to the cases of (i) M. Mammutti-vs-State of Karnataka; reported in (1979) 4 SCC 723; (ii) Umashanker-vs- State of Chattisgarh; reported in (2001) 9 SCC 642 as well as (iii) Sunder Lal-vs-State Govt. of NCT OF Delhi (Crl. A. 451/2011) decided by the Hon’ble Delhi High Court on 16.05.2018. The learned counsel has also submitted that notice under Section 48 of BNSS has not been issued in terms of the mandates of BNSS as well as the judicial pronouncements of the Hon’ble Supreme Court. 8. The learned Addl. PP, Mr. R. J. Baruah, on the other hand, submits that the case is pending for evidence and huge numbers of fake currency have been recovered from the conscious possession of the accused Page No.# 4/4 applicant. Therefore, at this stage, the accused applicant should not be granted bail by this Court. 9. This Court has considered the materials available in the Trial Court Record, which has been submitted before this Court as well as heard the submissions of the learned counsel appearing for the respective parties. 10. It is seen that the accused applicant was arrested with the bag containing fake currency notes. As far as the notes are concerned, that those were fake currency notes, there is no dispute about that fact. The case laws that have been submitted and referred to by the learned counsel appearing for the accused applicant are not applicable as in all the 3 (three) cases, the money receipt was in lieu of purchasing certain materials by persons therein and the same were without any knowledge of being the fake currencies. However, in the instant case, the accused applicant had consciously delivered Rs.1,00,000/- and in lieu of that he has received the fake currency notes. 11. Taking into consideration of the fact that the trial has already begun and the issue involved is circulation of fake currency notes and also having found prima facie materials in the Trial Court Record, this Court is not inclined to grant bail to the accused applicant, at this stage and accordingly, the same stands rejected. JUDGE Comparing Assistant