Page No.# 1/4 GAHC010019232026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./307/2026 SONTOSH ROY SON OF SRI SAMBHU ROY RESIDENT OF DEOMALI,PWD COLONY,POLICE .STATION- DEOMALI,DISTRICT TIRAP,ARUNACHAL PRADESH-786629 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLICPROSECUTOR, ASSAM. Advocate for the Petitioner : MR. V K CHANDAK, MRS N. AGARWAL CHANDAK,S K PODDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 05.02.2026 1. Heard Mr. S.K. Poddar, learned counsel for the petitioner and also heard Mr. P. Borhakur, learned Addl. P.P. for the State. 2. In this petition under Section 483 BNSS, the accused-petitioner, namely, Sontosh Roy, who was arrested on 16.07.2025 in connection with Sessions Page No.# 2/4 Case No. 229/2025 under Section 61(2)/3(5),112(2)/3(5),179/3(5),180/3(5) and 318(C)/3(5) of the BNS, 2023, pending before the Court of learned Addl. District & Sessions Judge, Dibrugarh corresponding to Joypur P.S. case No. 37/2025 is seeking bail. 3. That the petitioner begs to state that, one SI Ashish Mahanta of Joypur P.S., on 16.07.2025 lodged a FIR before the Officer-in-Charge of Joypur Police Station stating that a Naka was placed on 15.07.2025, at Naka Check point, on the Joypur Hukanjuri road, near Kacharipathar forest camp with him and other police personnel. At 5.30 PM when Naka Checking was going on, at the above said place, one white colour Mahindra Bolero vehicle, bearing registration no. AS 06 AJ 7874, was coming from Naharkatia side towards Hukanjuri. The said vehicle was stopped at Naka checking point. There were three persons including the petitioner, who was driving the vehicle. During checking police allegedly recovered a plastic packet, inside a black color leather bag, containing twenty four (24) no's bundle of Indian currency. On opening the plastic packet containing the currency, currencies were found to be faked and each denomination in one bundle was found having the same serial number. Police seized the fake Indian currency notes along with mobile hand set, adhar card etc. allegedly found from the possession of the persons side the vehicle. Accordingly, a case has been registered vide Joypur Police Station Case No. 37/2025 corresponding to G.R. No. 18/2025 Under Section 61(2)/, 112(2), 179/, 180/ and 318(3)/3(5) the Bhartiya Nyaya Sanhita and started investigation. 4. The learned counsel for the petitioner submits that the petitioner was only the driver of the vehicle which was taken on hire by the co-accused person and he had no knowledge of the alleged fake currency notes being carried by the co-accused person in his vehicle. Page No.# 3/4 5. It is further submitted that pursuant to the submission of charge-sheet, the trial has commenced and four nos. of PWs have already been examined and referred to the evidence of PW3 who stated that he saw the currencies in the hand of the women accused and in a bag in the hand of other co-accused and therefore on that basis submits that the present petitioner was innocent of the alleged offence. It is further submitted that in view of the progress in the trial and period of detention of 200 days, it is no longer necessary to keep the petitioner in detention any further. 6. The learned Addl. P.P. submits that the case involves recovery of huge amount of fake currencies and in case of economic offences the matter has to be viewed seriously while considering the prayer for bail. 7. While it is correct that in case of economic offences, the Court are required to adopt a strict approach, in the facts of the present case, there does exist the possibility that the petitioner was not in conscious possession of the recovered fake currency and the driver of the hired vehicle is generally not expected to know the contents of the luggage of the passengers, which facts no doubt can only be determined during the trial. However, keeping in view the above, as well as the period of detention of 200 days and as also the progress of the trial, further detention of the petitioner does not appears to be warranted in the facts and circumstances of the present case. 8. Consequently, the prayer for bail is allowed. 9. The accused-petitioner, Sontosh Roy, shall be released on bail of Rs.1,00,000/-(Rupees One Lakh) with two local sureties of like amount to the satisfaction of learned trial Court in connection with the aforesaid case. 10. It is further directed that the petitioner shall regularly appear at the trial Page No.# 4/4 and shall not try to influence or intimidate any of the remaining witnesses. 11. Send back the case diary. JUDGE Comparing Assistant