Gauhati High Court
Page No.# 1/4 vs The State Of Assam on 18 December, 2025
Page No.# 1/4
GAHC010269822025
2025:GAU-AS:17671
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3931/2025 5
AINUL HAQUE AND ANR
S/O LT. A BDUL KHALEK
VILL- AND P.O. BHOJKHOWA
CHAPARI
P.S. TEZPUR
DIST. SONITPUR
ASSAM
PIN-782410.
2: ALLALUDDIN
S/O LT. IBRAHIM ALI
VILL- UTTAR PUTA KOLONGP.O. AMBAGAN
P.S. RUPALI
DIST. NAGAON
ASSAM
PIN-782410
VERSUS
THE STATE OF ASSAM
REP. BY THE PP
ASSAM
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Advocate for : MR S ISLAM
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
Page No.# 2/4
ORDER
Date : 18.12.2025 Heard Mr. A. Hussain, learned counsel for the petitioners and also heard Mr. R. J. Baruah, learned Addl. P.P. for the State.
2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, 1. Ainul Haque, 2. Allaluddin praying for grant of bail in connection with Basistha P.S. Case No.537/2025 under Sections 179/180/310(4) of BNS, 2023. Thereby they were arrested on 03.11.2025 and presently in judicial custody.
3. The case arose out of an FIR dated 03.11.2025, lodged by SI of Police of Basistha police station Guwahati. It was alleged that secret information was received on 02.11.2025 at night and that the gang of dacoits were loitering in Khanapara area under a jurisdiction of Basistha police station for the purpose of dealing in Fake Indian Currency Note (FICN) and also preparing to commit a dacoity. It is further stated that thereupon the informant along with the police team proceeded with the area and research operation started at strategic points during which two suspicious vehicles were found being swift bearing Registration No. AS-07-X-1666 and Scorpio vehicle bearing No. AS-02-AG-7901.
4. It is further stated that both vehicles were thoroughly search in the presence of witnesses and during search, suspected FICN amounts to Rs. 98,500/- were recovered and the seven FIR named persons were apprehended namely, Suruj Ali, Mohammed Ali, Jakir Hussain, Ainul Hoque, Alal Uddin, Amir Hussain and Abul Kasem.
5. It was also stated that apart from FICN bamboo sticks and mobile phones Page No.# 3/4 and some other documents were also recovered. It is also alleged in the FIR that during preliminary enquiry it was revealed that the apprehended persons named above were actively involved in the manufacture and circulation of fake FICN across different district of Assam and they were also involved in several criminal cases in the past and that the date of the present incident they were dealing with FICN planning to commit dacoit in the Khanapara area.
6. The learned counsel for the petitioners submits that the accused persons were stood in custody even before arrest and thereafter produced before the Magistrate on the next date at around 3.30 pm thereby violating their rights.
7. It is also submitted that they have been in police custody for five days and thoroughly interrogated and completed 45 days in detention and may be allowed to go on bail at this stage, as their further detention may not be necessary. It is also submitted that the purported seizure witnesses are not local persons and they held from far of places like Nagaland, Tripura etc.
8. It is submitted that the petitioners are not involved in the alleged offences and that they had come to Guwahati for some treatment and were unfairly apprehend with false allegation.
9. The case diary has been received.
10. The learned Addl. P.P submits that all the apprehended persons were found by the police in the process of trying to exchange the FICN and they were accordingly met. The learned Addl. P.P also submits that the all the petitioners were present in the place of occurrence along with the vehicles and the FICN.
11. It is submitted that the seizure witnesses have supported the seizure of Page No.# 4/4 the said materials including FICN. The statement of the one of the witness has been narrated by the learned Addl. P.P.
12. The case diary has been placed before me. It is submitted that though there were some progress in the investigation but the suspected FICN has been sent to the FSL report to finding regarding their nature and the same FSL report is awaited.
13. Needless to say that the any act of circulation during the FICN is a grieve offence infringing on economic stability of the system. Further, it has been projected by the investigating agency as well as the investigation about the involvement of the petitioners in the other criminal offences and the involvement of the petitioners in preparation to commit dacoit also cannot be infanticide.
14. In my considered view, it would be prudent at this stage to refuse bail.
15. Accordingly, the bail petition stands rejected.
16. Returned back the case diary.
JUDGE Comparing Assistant