Page No.# 1/3 GAHC010007822026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./139/2026 ABHISHEK BADAYA and 2 ORS. S/O KRISHNA DAYAL BADAYA RESIDENT OF DHEHAR BAJALIP.S. BIDYADHAR NAGAR DIST. JAIPUR, RAJASTHAN 2: SANTOSH JAIN S/O LATE KAPOOR CHAND JAIN R/O BOKAJAN P.S. BOKAJAN DIST. KARBI ANGLONG ASSAM 3: KALPANESH KUMAR CHOUDHURY S/O JWALA PRASAD CHOUDHURY R/O BOKAJAN P.S. BOKAJAN DIST. KARBI ANGLONG ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR H K SARMA,MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE Page No.# 2/3 HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 28 .01. 2026 Heard Mr. A. Choudhuy, learned counsel for the petitioners and Mr. D.P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent. This application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by the petitioners namely, (1) Abhishek Badaya, (2) Santosh Jain and (3) Kalpanesh Kumar Choudhury, seeking regular bail in connection with Rangia P.S. Case No. 289/2025 under Sections 317(2)/ 318(2)/336(3) 341(3)/ 3(6)/ of BNS, 2023 added Section 303(2) of BNS, 2023. On 28.12.2025, from a reliable source, the police received information regarding smuggling of gold at Rangia and after interception, police recovered certain articles at Rangia from the accused-petitioners suspected to be fake gold biscuits (weight 5 grams each) and the accused persons failed to produce valid documents of such fake gold and the petitioners were arrested. The learned Addl. P.P. has objected the prayer of bail as the case diary is not received. It is not the case of the prosecution that the accused persons were found attempting to sell such alleged fake gold as real gold. Hence, it is not clear what offence is made out against the accused persons. In the meanwhile, the accused persons have spent 30 days in the custody. Therefore, further detention is not necessary. The prayer for bail is allowed. Accordingly, the petitioners shall be allowed to go on regular bail on furnishing a bond of Rs. 50,000/- each with one surety of the like amount to the satisfaction of the learned Eleka Magistrate. Page No.# 3/3 The direction for bail is further subject to the condition(s) that the accused-petitioners - (1) shall cooperate with the trial of the case, if one commences;. (2) shall not hamper or tamper with the evidences of the case; and (3) shall not try to influence any witnesses and commit any illegal activities. The bail application stands disposed of. JUDGE Comparing Assistant