Page No.# 1/3 GAHC010004792026 2026:GAU-AS:1312- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./14/2026 SAFIQUL ISLAM AND ANR S/O LATE NURUL HAQUE, R/O BAGHBAR, P.S.- BAGHBAR, DIST- BARPETA, ASSAM 2: MOHIBUL ISLAM S/O LATE NURUL HAQUE R/O MOHAMMADPUR P.S.- BARPETA DIST- BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. N ALI,MR. L MOHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 03/02/2026 (Michael Zothankhuma, J) Page No.# 2/3 1. Heard Mr. J.I. Barbhuiya, learned counsel for the appellants and Mr. R.R. Kaushik, learned APP, Assam, appearing for the State. 2. The appellants have prayed for bail and setting aside the impugned orders dated 14/11/2025 and 03/01/2026 passed by the learned Special Judge, Charaideo in connection with Sonari PS case No. 96/2025 registered under section 152/318(4) BNSS read with section 17/18/39/40 of UA(P) Act, 1967. 3. The case of the appellants is that they were arrested on 11/10/2025, on the ground of illegal inter-State transportation of Areca Nuts on the basis of fabricated tax invoices. The reason for adding charges under the UA(P) Act, 1967 on the appellants was on the ground that the proceeds of the sale of the areca nuts were being channelized into terrorist organisations, such as NSCN and ULFA(I). 4. Mr. J.I. Barbhuiya, learned counsel for the appellants submits that the appellants are also entitled to default bail under section 187 BNSS, keeping in view the fact that more than 90 days have elapsed from the date of the appellants being sent to judicial custody, without filing charge sheet. Further, no application for extension of time for filing charge sheet beyond 90 days has been applied for by the State and as such, no order was said to have been made by the learned Court for extending the time for submitting the charge sheet beyond 90 days. 5. Mr. R.R. Kaushik, learned APP, Assam, had been given time on 02/02/2026 to verify the said issue. He submits today that as per instructions received by him, no charge sheet has been filed by the State till date in connection with Sonari PS case No. 96/2025 and neither has any application for Page No.# 3/3 extension of time for filing charge sheet beyond 90 days, had been made by the State. 6. In view of the above facts, it is clear that the appellants are entitled to be released on default bail in terms of section 187 BNSS. Accordingly, the appellants i.e. Safiqul Islam and Mohibul Islam are to be released on default bail, on furnishing a bond of Rs. 1 (one) lakh each, with one surety each of like amount to the satisfaction of the learned Special Judge, Charaideo. Consequently, the impugned orders dated 14/11/2025 and 03/01/2026 passed in connection with Sonari PS Case No. 96/2025, are hereby set aside. 7. The appeal stands disposed of. JUDGE JUDGE Comparing Assistant