Page No.# 1/4 GAHC010162092026 2026:GAU-AS:11419 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2179/2026 ROFIQUE ALI SON OF LATE BIPUL ALI SIDDIQUE ALI,RESIDENT OF VILLAGE KHORANGA KATHANIGAON,P.S. JORHAT,DISTRICT JORHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 12.08.2026 Heard Mr. N. Mahajan, learned counsel appearing for the accused-applicant. Also heard Mr. B. Sharma, learned Addl. P.P. for the State. 2. This is an application filed under Section 483 of BNSS, 2023, praying for grant Page No.# 2/4 of bail to the accused-applicant in connection with Garamur Police Station Case No. 32/2026, registered under Sections 316(2)/318(4)/61(2)(a) of the BNSS, 2023. 3. The gist of the case is that on 24.07.2026, SI Rikhab Borah lodged an FIR before the Officer-in-Charge, Garamur Police Station, alleging, inter alia, that on the same day, i.e., on 24.07.2026 at around 10:45 AM, credible information was received from a reliable source that one person on a scooter was carrying suspected fake gold articles from Dhunaguri Ghat towards Balichapori. On the basis of that information, a Naka-checking operation was conducted at Chelek-Dhunaguri Bridge. During Naka-checking, an Activa scooter bearing Registration no. AS-03-X- 1412 was signaled to stop, but the rider attempted to flee and was subsequently chased and intercepted on the Chelek-Chapori PWD Road. On interrogation, the rider disclosed his identity as Rofique Ali and during the search conducted, two pieces of golden-colored boat-shaped articles marked with '+', suspected to be fake gold weighing 1.544 kg and 1.318 kg respectively, totaling 2.862 kg, were recovered from inside a green-colored bag branded ‘Puma’. During interrogation, the accused failed to produce any valid document in support of his possession or transportation of the recovered suspected fake gold articles. Accordingly, the aforesaid suspected fake gold articles, along with other relevant articles, were seized. 4. On receipt of the FIR, Garamur Police Station Case No. 32/2026 has been registered. 5. The learned counsel appearing for the accused-applicant submits that though the accused-applicant was detained at about 10:45 AM, he had been produced before the Magistrate only on 25.07.2026 at about 4:30 PM, which is beyond the 24 hours period mandated by law. He submits that in view of the aforesaid violation, the arrest of the accused-applicant becomes illegal and he is liable to be released on Page No.# 3/4 bail. 6. The learned Addl. P.P., on the other hand, opposes the prayer of the bail application, submitting that the accused-applicant was arrested at 10:30 AM on 25.07.2026; therefore, there is no delay in his production before the Magistrate. 7. Case diary has been received and the same is perused. 8. From perusal of the Case Diary, it is seen that the seizure list was made on 24.07.2026 at 1:48 PM, wherein the materials as alleged in the FIR have been seized by the police. It is also seen from the forwarding report that the police detained the accused-applicant sometime about 10:45 AM on 24.07.2026, though he has been shown arrested on 25.07.2026 at 10:30 AM. 9. A coordinate bench of this Court, vide order dated 04.08.2026 has called for a report from the Chief Judicial Magistrate, Majuli as regards the time of production of the accused-applicant before the court. Accordingly, a report was received from the learned Chief Judicial Magistrate, Majuli, wherein it has been specifically mentioned that the accused-applicant was produced at around 4:30 PM on 25.07.2026, which is beyond 24 hours of his detention sometime around 10:45 AM. If the time of the seizure list is also taken into account, which is at 1:48 PM on 24.07.2026, still the accused-applicant was not produced within 24 hours as mandated under Section 58 of BNSS, 2023. 10. On consideration of the materials available in the Case Diary, though the arrest memo has been made at 10:30 AM on 25.07.2026, it is seen that the accused- applicant has been detained at about 10:45 AM on 24.07.2026. Therefore, if the time calculated for producing him before the learned CJM, Majuli from the place of Page No.# 4/4 occurrence is taken, then also his production at 4:30 PM on 25.07.2026 is beyond the mandated period of 24 hours in terms of Section 58 of the BNSS. Therefore, such non-production within the 24-hour period being violative of Section 58 of the BNSS, this Court is of the considered opinion that the accused-applicant is liable to be released on bail. 11. Accordingly, it is directed that the accused-applicant shall be released forthwith on furnishing of a bail bond of Rs. 1,00,000/- (Rupees One Lakh) with a surety of like nature to the satisfaction of the learned CJM, Majuli, subject to the conditions that: - 1. The accused-applicant shall cooperate with the investigation and make himself available as and when called for. 2. He shall not influence any witnesses or tamper with evidence. 3. The accused-applicant shall not leave the jurisdiction of the State of Assam without the prior permission of the learned CJM, Majuli. 12. In terms of the aforesaid directions, the instant bail application stands disposed of as allowed. 13. Case Diary to be returned. JUDGE Comparing Assistant