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2026 DAILYLAW 5853 (GAU)

SIDDHARTHA GUPTA AND ANR v. THE STATE OF ASSAM

Bail Appln./925/2026 · 2026-05-12

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/5 GAHC010065892026 2026:GAU-AS:6586 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./925/2026 SIDDHARTHA GUPTA AND ANR SON OF LATE MADAN MOHAN GUPTA, R/O 1330 ATORRA ROAD, SADHU THAK, P.S. BABERU DIST. BANDA, UTTAR PRADESH. 2: POONAM VERMA D/O LATE SHYAM LAL VERMA R/O A1295/4 A BLOCK-INDIRA NAGAR P.S. INDIRA NAGAR DIST. LUCKNOW UTTAR PRADESH VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MRS. S D CHOUDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 13/05/2026 Heard Ms. S D Choudhury, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondents. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, (1) Siddhartha Gupta and (2) Poonam Verma, seeking bail in Jalukbari P.S. Case No. 102/2026 under Sections 61(2)/179/318(4) of BNS, 2023. The petitioners are behind the bars since 24.03.2026. 3. Case diary is received. Perused the same. 4. It is submitted by Ms. Choudhury, learned counsel for the petitioners that the present accused petitioners are innocent and they have not committed any such offence as alleged in the FIR.They have been trapped by some persons. 5. Ms. Choudhury, learned counsel for the petitioners, further submitted that the petitioner No. 2, the wife of the petitioner No. 1, was wearing some ornaments and some of the persons came to them, saying that if they sold those ornaments, they will give double the amount of money. Only with that intention, they had sold the ornaments and they were not aware that the money, which was received by them, were the fake currency notes. 6. The petitioner No. 1 is behind the bar since last 51 days and the petitioner Page No.# 3/5 No. 2, however, got the interim protection. 7. Ms. Choudhury, learned counsel for the petitioners further submitted that they came to Guwahati from Uttar Pradesh only for Kamakhya darshan, wherein, they got trapped and some currencies were recovered from their possession. However, they are still ready and willing to extend their co-operation in further investigation of the case, if they are granted with the privilege of bail. 8. Mr. Sarma, learned Additional Public Prosecutor, Assam, in this regard, submitted that there are sufficient incriminating materials against the present accused petitioners. He further submitted that from the materials available in the case diary, it reveals that they have come from Uttar Pradesh and initially, went to a person in Paltan Bazar, wherein, they had offered Rs.50,000/- and in turn, they got Rs.1,50,000/- of fake currency notes and after receiving those fake currency notes, they purchased some articles by using those fake currency notes as a genuine one and that apart, when they tried to purchase something in Kamakhya Temple by using those fake currency notes, it was found that the notes were counterfeited currency and then, police was informed and they were taken into custody. 9. From the possession of the two accused petitioners, around Rs.1,50,000/- fake currency notes has been recovered. Further, Mr. Sarma, submitted that from the statements made by the accused petitioners, it is seen that they have committed such offence of receiving the fake currency notes and for that purpose only, they had come from Uttar Pradesh and wherein, those fake currency notes were also used in purchasing some articles stating the same as a genuine one. Page No.# 4/5 10. Mr. Sarma, learned Additional Public Prosecutor, accordingly, raised vehement objection and submitted that it is a very serious nature of offence and bail may not be granted at this stage as the further custodial interrogation of the accused petitioners will be necessary. Mr. Sarma, further submitted that till now, they have not given the identity of the person from whom, they exchanged the currencies, which is still searching by police. 11. I have heard the submissions made by the learned counsel for both sides. I have also perused the case records and the case diary. 12. On perusal of the case records, it is seen that there are sufficient incriminating materials against the present accused petitioners. They have not only received the fake currency notes from a person, but also used those fake currency notes as a genuine notes in the entire Guwahati and purchased some articles and subsequently, they caught red handed by police when they were trying to purchase something in Kamakhya temple. 13. Further, from the note of the Investigating Officer, it is seen that there is a big chain of gang behind the selling and distribution of fake currency notes in the market of Assam and North East and thus, from the note of the Investigating Officer, it is seen that the investigation is still in progress and to unearth some more facts about the case and the other persons, who are working for the gang, is yet to be apprehended and hence, the further custodial interrogation of the present accused petitioners may be required for the interest of the investigation. 14. Considering the materials in the case diary, the nature of the offence and the other available materials in the case diary, this Court is of the opinion that Page No.# 5/5 custodial interrogation of the petitioners will be required to unearth some more facts about the case and to apprehend the other culprits, who are also associated with the entire gang. 15. In view of the above, the present bail application for both the petitioners is hereby rejected. 16. The order of interim bail granted to the petitioner No.2 vide order dated 24.04.2026 stands vacated. 17. The petitioner No. 2 is hereby directed to surrender before the concerned Court within 1(one)/2(two) days. JUDGE Comparing Assistant