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2026 DAILYLAW 7704 (GAU)

SAPIOUL ISLAM ALIAS SABIOUL ISLAM v. THE STATE OF ASSAM

Bail Appln./1185/2026 · 2026-06-07

Mitali Thakuria

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010088522026 2026:GAU-AS:7979 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1185/2026 SAPIOUL ISLAM ALIAS SABIOUL ISLAM S/O.- JEAL HOQUE A RESIDENT OF VILL.- 291 TANGAON PART-II, DHANUA, P.S.- MANKACHAR, DIST.- SOUTH SALMARA -MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MD A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 08-06-20 26 Heard Mr. M. A. I. Hussain, learned counsel for the petitioner and Mr. B. Sarma, 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, Sapioul Islam @ Sabioul Islam in connection with Sessions Case No. 27/2026 arising out of Hatigaon P.S. Case No. 148/2025 under Section 318(4)/62/178/180 of BNS, 2023. Page No.# 2/3 3. Scanned copy of the TCR has already been received. Perused the same. 4. It is submitted by Mr. Hussain, learned counsel that the present petitioner is innocent and he was an E-Rickshaw driver and used to reside in the rented house along with another person and the alleged fake currencies were recovered from the bag of the another accused person and as the other person was absconding, he has been arrested in connection with this case. 5. He is behind the bar since last 210 days and the case has already been charge sheeted. Thus, the accused petitioner needs to contact with his engage counsel to take his proper defence. He further submitted that charge in the case was framed on 03.02.2026 and thereafter, 4 dates have already gone, but till date no prosecution witnesses could be examined by the Court. He further submitted that considering the length of detention and also considering the fact that he has to prepare his defence, his prayer for bail may be considered at this stage. 6. However, the petitioner is ready and willing to appear before the learned Trial Court and to co-operate in the trial of the case on each and every date to be fixed by the Court. 7. Mr. Sarma, learned Addl. PP raised objection and submitted that charge in the case was framed on 03.02.2026 under Section 179/180 of BNSS where Rs.1,33,500/ fake currency notes were recovered from his possession and the FSL report also gave positive test of counterfeit currency. 8. He further submitted that though 4 dates already gone, but the last date was fixed on 28.05.2026, which was declared holiday on account of Eid and then the matter was fixed on 29.05.2026 and thus, it cannot be stated that 4 dates have already gone without examining the prosecution witnesses. 9. He further submitted that this is not a case of personal affair, but it is a case wherein the economy of the Country will be affected and hence, considering the Page No.# 3/3 nature and gravity of the offence the bail prayer may not be considered at this state. At the same time the probability of hampering or tempering with the evidences also cannot be denied at this stage. 10. Mr. Sarma accordingly raised vehement objection and submitted that the bail prayer may not be considered at this stage. 11. Heard the submissions made by the learned counsel for the parties and I have also perused the case record and considering the nature of the offence and also considering the fact that fake currencies were recovered from the rented premises of the accused petitioner and other aspects of the case, the probability of hampering or tempering with the evidences also cannot be denied, particularly, the vital witnesses of the prosecution. The case is also charge sheeted and charges were framed under Section 179/180 BNSS, which is an offence which may affect the entire economy of the Country. 12. So considering all these aspects of the case and the nature of the offence, this Court is of the opinion that till examination of some of the vital witnesses, the prayer for bail may not be considered at this stage. 13. Accordingly, this bail application stands rejected. JUDGE Comparing Assistant