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2026 DAILYLAW 1381 (GAU)

NARESH SETTI AND ANR v. THE STATE OF ASSAM

Bail Appln./118/2026 · 2026-01-27

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010005162026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./118/2026 NARESH SETTI AND ANR S/O RAMESH SETTI, R/O ATAL AWASKUSHA BHAU THAKRE WARD, KALIPUR, JAGDALPUR, P.S. CITY KOTWALI, DIST. BASTAR, CHHATTISGARH. 2: KACHCHI VINOD S/O KACHCHILINGAIYA R/O MAKAN NO. 59 WARD NO. 4 GRAM PANCHAYAT VARADALI P.S. BAREGUDA DIST. BIJAPUR CHHATTISGARH VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, GOVT. OF ASSAM. Advocate for the Petitioner : MR. R THADANI, MR T T MONI,MD M ISLAM,MR. A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 28 .01. 2026 Heard Mr. R. Thadani, learned counsel for the petitioners and Mr. D.P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent. Page No.# 2/3 This application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by the petitioners namely, (1) Naresh Setti and (2) Kachchi Vinod, seeking regular bail in connection with Jalukbari P.S. Case No. 441/2025 under Section 61/ 318(4)/ 179/ 180 of BNS, 2023. The allegation made in the FIR is that on 03.11.2025 three persons were detained by the police alongwith suspected FICN and gold (suspected to be fake) boat at Sadialpur near army transit camp. On being handed over to the police, the said articles were recovered and one suspected fake gold (boat shaped) weighing 1 KG 519 grams were seized from the accused persons. Subsequently the instant FIR was lodged. The present accused persons were among persons who were apprehended on the date of the incident from the place of occurrence. A bail application of the petitioners was earlier rejected by the by the learned Addl. District and Sessions Judge No. 1, Kamrup (M), Guwahati vide order dated 03.01.2026, passed in BA No. 1049/2025 and B.A. No. 1117/2025. By now, the petitioners have spent 86 days in custody. Having regard to the C.D., it appears that the possibility of submission of charge sheet within the stipulated period is remote. Having regard to all of the above, the prayer for bail is allowed. Accordingly, the petitioners shall be allowed to go on regular bail on furnishing a bond of Rs. 50,000/- each with one surety each of the like amount to the satisfaction of the learned Eleka Magistrate. The direction for bail is further subject to the condition(s) that the accused-petitioners - (1) shall cooperate with the trial of the case, if one commences;. Page No.# 3/3 (2) shall not hamper or tamper with the evidences of the case; and (3) shall not try to influence any witnesses and commit any illegal activities. Violation of breach of condition (s) shall entail cancelation of the bail. The bail application stands disposed of. JUDGE Comparing Assistant