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2026 DAILYLAW 4626 (GAU)

SHAILEN GOSWAMI v. THE STATE OF ASSAM

Bail Appln./1018/2026 · 2026-04-22

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010071652026 2026:GAU-AS:5552 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1018/2026 SHAILEN GOSWAMI S/O- LATE NARAYAN GOSWAMI, RESIDENT OF VILLAGE - KARAMTULI, P.O - DOOMNI, P.S - SIMLA, DIST - BAKSA, ASSAM, PIN -781373 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM Advocate for the Petitioner : MR. Z ISLAM, MR R KALITA,MR. U SAIKIA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-04-2026 Heard Mr. U. Saikia, learned counsel for the petitioner and Mr. P. S. Lahkar, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Shailen Goswami who has been arrested in connection with Sessions Case No. 20/2026 arising out of Simla P.S. Case No. 03/2026 registered under Sections 178/179/180 of BNS, 2023. 3. Scanned copy of the TCR along with the case diary has already been received. Perused the same. 4. It is submitted by Mr. Saikia, learned counsel that the petitioner is innocent and is a very humble person and known by the entire locality. He had no criminal antecedent earlier and he is falsely implicated in the present case. It is a fact that some fake currency notes were recovered from his shop, but during that period he was not available in his shop and he went to collect his gas cylinder, when two unidentified persons came and kept the packet with the fake currency in his shop and immediately after his arrival, police came there and the fake currencies were recovered from his possession. 5. He further submitted that person from the entire locality had made statements regarding his innocence and one neighbouring shop keeper sworn an affidavit stating as to what had happened in his absence, when two unidentified person kept the packet in his shop. He further submitted that all the witnesses are police personnel and the petitioner had no chance to defence his case and if the present petitioner is allowed to go on bail, he will get a chance to arrange his defence witnesses to prove his innocence. More so, the case has already been charge sheeted and, as all the Page No.# 3/4 witnesses are official witnesses, there is no chance of hampering or tampering with the witnesses. 6. Mr. Lahkar, learned APP submitted in this regard that the charge sheet was filed on the basis of the statement made by the witnesses under Section 180 BNSS and the affidavit sworn by the neighbouring shop keeper may not relevant at this stage. Further he submitted that in absence of any independent seizure witness, the evidences of the official witnesses cannot be discarded. 7. He further submitted that there is less chance of adducing any evidence against the present petitioner from the person of that locality. 8. Mr. Lahkar, learned APP further submitted that the case is at very initial stage and the prosecution has not yet examined any witnesses and hence, bail may not be granted at this stage. 9. Heard the submissions made by the learned counsel for both sides and I have also perused the scanned copy of the TCR and considering all these aspects of the case and also considering the length of detention already undergone by the petitioner, this Court is of the opinion that further custodial detention of the petitioner may not be required for the purpose of trial and accordingly, I find it a fit case to extend the privilege of bail to the petitioner. 10. Accordingly, the accused/petitioner, namely, Shailen Goswami, be released on bail in connection with Sessions Case No. 20/2026 arising out of Simla P.S. Case No. 03/2026 registered under Sections 178/179/180 of BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned Sessions Judge, Baksa subject to the following conditions:- (i) that the petitioner shall appear before the Court of learned Sessions Judge, Baksa, on each and every date to be fixed by the Court; Page No.# 4/4 (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the petitioner shall submit his Aadhar Card and PAN Card before learned Sessions Judge, Baksa; and (iv) that the petitioner shall not leave the jurisdiction of the learned Sessions Judge, Baksa, without prior permission. 11. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant