Page No.# 1/7 GAHC010147962026 2026:GAU-AS:10966 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1985/2026 HAIDOR ALI AND ANR S/O AFAZ UDDIN RESIDENT OF VILLAGE DOULATPUR, P.S. BIHPURIA, DISTRICT LAKHIMPUR, ASSAM. 2: JEHERUL ISLAM S/O LT. ABBAS ALI RESIDENT OF VILLAGE DOULATPUR P.S. BIHPURIA DISTRICT LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/7 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 07.08.2026 Heard Mr. M H Ahmed, Learned Counsel appearing on behalf of the Petitioners. Also heard Mr. B Sarma, Learned Addl. Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, for granting the privilege of regular bail to the Petitioners namely, 1. Haidor Ali and 2. Jeherul Islam, who were arrested on 29.06.2026, in connection with Bihpuria P.S Case No. 111/2026, initially registered under Sections 3(5)/61(2)/316(2)/318(4) of the Bharatiya Nyaya Sanhita, (BNS), 2023, with added Sections 179/180/181 of the Bharatiya Nyaya Sanhita, (BNS), 2023. 3. The brief facts of the case is that following an operation on 29.06.2026, near Dhalpur Police Outpost, where a vehicle being intercepted, suspected fake Indian currency notes, totaling value of Rs. 33,59,500/- (Rupees Thirty-Three Lakh Fifty-Nine Thousand Five Hundred Only), were seized from the possession of the accused persons who were in the seized vehicle. The case was initially registered under Sections 3(5)/61(2)/316(2)/318(4) of the Bharatiya Nyaya Sanhita, (BNS), 2023. Subsequently, the Investigating Agency added Sections Page No.# 3/7 179/180/181 of the Bharatiya Nyaya Sanhita, (BNS), 2023. Thereafter, the Petitioners were arrested in connection with the aforesaid case and forwarded to the Court of the Ld. Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, where they were initially remanded to police custody for a period 04 (Four) days. Upon completion of the police custody remand, they were re-produced on 04.07.2026 and remanded to judicial custody. 4. Though applications for regular bail were preferred on their behalf before the jurisdictional Court of the Ld. Sub-Divisional Judicial Magistrate, however, such bail applications were rejected by the jurisdictional Court. Situated thus, the present bail application has been filed. 5. Mr. M H Ahmed, Learned Counsel appearing on behalf of the Petitioners, strenuously argued that there has been serious violation of provisions guaranteed under the Constitution of India, as regards the arrest of a person under Article 22 of the Constitution of India. He submits that the Petitioners were not produced before the Court of the Ld. jurisdictional Magistrate within the 24 hours period, as provided under Section 58 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, and Section 187 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023. He further submits that the Petitioners have been languishing in jail for the last 37 (Thirty Seven) days and Page No.# 4/7 they have already been interrogated by the Investigating Officer and as such, further custodial interrogation of the Petitioners is not warranted in this case. 6. Per contra, Mr. B Sarma, Learned Addl. Public Prosecutor for the State of Assam submits that during interrogation it has come to light that the Petitioners, along with several other accused persons, are involved in the allegation of counterfeit notes. He further submits that the Case Diary reveals that the other accused persons are not yet apprehended and some of the persons are also yet to be identified. He further submits that since the investigation is at a crucial stage, the grant of bail, at this stage, would seriously impede the ongoing progress of the investigation. 7. In response to the contention of the learned Counsel appearing for the Petitioners, as regards violation of Article 22 of the Constitution of India, the learned Counsel submits that the Petitioners were arrested on 29.06.2026 at about 2:40 PM and were produced before the Court of the Ld. jurisdictional Magistrate at about 1:25 PM on the next date, thereby, satisfying the initial production within the time stipulated provisions of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023. 8. I have given my anxious consideration to the submissions advanced by the learned counsel for the parties and have perused the materials available on Page No.# 5/7 record, including the Case Diary. 9. At the outset, the contention of the learned counsel for the petitioners that there has been a violation of Article 22 of the Constitution of India on account of non-production of the petitioners before the jurisdictional Magistrate within twenty-four hours does not appear to be borne out from the materials available in the Case Diary. The records prima facie indicate that the petitioners were arrested on 29.06.2026 at about 2:40 p.m. and were produced before the learned jurisdictional Magistrate at about 1:25 p.m. on the following day. Thus, at this stage, the requirement of production within the period prescribed under Section 58 read with Section 187 of the Bharatiya Nagarik Suraksha Sanhita, (BNS), 2023, as well as the mandate of Article 22(2) of the Constitution, does not appear to have been infringed. 10. The Case Diary further reveals that counterfeit Indian currency notes having a face value of Rs.33,59,500/- were recovered from the possession of the petitioners during the interception of the vehicle. The investigation conducted thus far also indicates that the petitioners are suspected to be part of a larger network engaged in circulation and trafficking of Fake Indian Currency Notes. Their statements have been recorded during investigation, and the investigating agency has gathered materials suggesting the involvement of Page No.# 6/7 several other persons whose identities are yet to be fully ascertained and who are yet to be apprehended. 11. The allegations, therefore, are not confined to a solitary act of possession of counterfeit currency but prima facie disclose the existence of an organised economic offence affecting public confidence in the monetary system. Economic offences involving counterfeit currency are required to be viewed with due seriousness, particularly when the investigation is at a crucial stage and the larger conspiracy is yet to be unravelled. Having regard to the nature and gravity of the accusation, the substantial quantity of counterfeit currency allegedly recovered, the stage of investigation, and the possibility that release of the petitioners may hamper further investigation into the wider racket, this Court is not inclined to exercise its discretion in favour of the petitioners at this stage. 12. Consequently, the present bail application stands rejected. It is, however, clarified that the observations made herein are only for the purpose of deciding the present bail application and shall not prejudice the merits of the investigation or the trial. JUDGE Page No.# 7/7 Comparing Assistant