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2026 DAILYLAW 6043 (GAU)

AFJAL HUSSAIN ALIAS ABJAL HUSSAIN v. THE STATE OF ASSAM

Bail Appln./1344/2026 · 2026-05-21

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010099992026 2026:GAU-AS:7103 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1344/2026 AFJAL HUSSAIN ALIAS ABJAL HUSSAIN SON OF ROIS ALI. RESIDENT OF VILLAGE- USHNABAZ, POANGLABAZAR, PS- BADARPUR. DIST.-SRIBHUMI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, MS G TALUKDAR Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 22.05.2026 1. Heard Mr. H. R. Choudhury learned counsel for the petitioner Afjal Hussain @ Abjal Hussain who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 25.03.2026 in connection with Katigorah Police Station Case No. 15/2026 registered under Sections 179/180 of the BNS. 2. Heard Mr. K. K. Parashar, learned Additional Public Prosecutor, for the respondent State. 3. I have considered the submissions at the Bar. 4. It is submitted on behalf of the petitioner that the petitioner sold his goat for an amount of Rs. 4500/- and the purchaser stealthily slipped in fake currency notes of the denomination of Rs. 500/- without the knowledge of the petitioner along with the payment for goat. 5. The learned Additional Public Prosecutor has submitted that the FIR clearly reveals that 5 fake currency notes were handed over to a shop keeper by the petitioner, which has been seized in connection with this case and the petitioner is thus booked in a serious offence. 6. After considering the submissions at the Bar and after considering the length of detention, it appears that further detention may not be required for the progress of the investigation. The petitioner has been behind bars for almost 2 months and it appears that investigation may have progressed to a certain extent. The petitioner is a local resident and he is not a flight risk. Page No.# 3/3 7. It is also submitted on behalf of the petitioner that the petitioner is a simple villager and was not aware that 9 fake currency notes of 500 Rupees denomination was paid instead of real currency notes while he was purchasing the goat from the purchaser. This is the reason why the petitioner used the currency notes for purchasing articles from a shop. 8. In view of the foregoing discussions, the petitioner is enlarged on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM (Cachar) under the condition that:- (I) The petitioner shall co-operate with the remaining part of the investigation and appear before the Investigating Officer on every fortnight till completion of investigation. 9. On breach of any of the bail condition, the Court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observation, this application stands disposed of. JUDGE Comparing Assistant