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2026 DAILYLAW 6992 (GAU)

FARUK YOUNUS v. THE STATE OF ASSAM

Bail Appln./1271/2026 · 2026-05-24

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010096182026 2026:GAU-AS:7207 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1271/2026 FARUK YOUNUS S/O MAZNUR RAHMAN VILL- NAYAPARA WARD NO.4, P.S. GOALPARA, DIST. GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, B DAS,MR. SAYED SALIM AHMED,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 25.05.2026. Heard Mr. HRA Choudhury, learned Senior Advocate assisted by Mr. AM Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent. 2. This is an application under Section 483 of BNSS, praying for grant of bail to the accused/petitioner, namely, Faruk Younus, who has been arrested on 19.04.2026, in connection with the Goalpara P.S. Case No. 58/2026, under Page No.# 2/3 Sections 217/ 229(2)/318(4)/314/316(4)/309(4)/61(2) of the BNS, 2023. 3. The case diary is received and perused the same. 4. It is submitted by Mr. Choudhury, the learned Senior Advocate that the present accused petitioner is innocent and has not committed any such offence as alleged against him in the FIR. However, it is a fact that the co-accused, namely, one Mofidul handed over a bag with more than Rs. 20 lacs, stating him that he is coming to meet him. But thereafter, said Mofidul arrived at the police station stating that he has been robbed. Subsequently, the bag was recovered from the present accused petitioner and the police had already recovered Rs. 20 lacs from the bag. Further, the petitioner is in the custody since last 42 days and hence, considering his length of detention also, he may be released on bail. 5. Mr. Sarma, the learned Addl. P.P., Assam submitted in this regard that there are sufficient incriminating materials against present accused petitioner, who is also one of the co-accused and planned to bring the money to Guwahati with an intention to share the same it with co-accused Rituraj and but as per his information, the bag was recovered though the co-accused Mofidul gave a false case in the police station, stating that he has been robbed. However, it is submitted by Mr. Sarma, the learned Addl. P.P., Assam that more than Rs. 20 lacs have already been recovered and the petitioner is also in the custody for the last 42 days. 6. Considering the submissions made by the learned counsels for both sides, I have also perused the case diary but without going detail into the merit of the case, only considering the length of detention, I find that further custodial Page No.# 3/3 interrogation of the present accused petitioner may not be required for the purpose of investigation. 7. Accordingly, I find it to be a fit case wherein the privilege of bail can be extended to the present accused petitioner. 8. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with one surety of like amount, to the satisfaction of the learned CJM, Goalpara, the accused petitioner, namely, Faruk Younus be enlarged on bail in connection with the Goalpara P.S. Case No. 58/2026, subject to the following conditions: (i) 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 from disclosing such facts to the Court or to any police officer; (ii) that the petitioner shall not leave the jurisdiction of the learned CJM, Goalpara, without prior permission, and (iii) that the petitioner shall submit copy of his Aadhar Card and PAN Card before the learned CJM, Goalpara. 9. In terms of above, this bail application stands allowed and disposed of. JUDGE Comparing Assistant