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Gauhati High Court

Budhi Sambyo vs The State Of Assam on 5 December, 2022

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                               Page No.# 1/2

GAHC010229322022




                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./3031/2022

            BUDHI SAMBYO
            S/O- BUDHI JARBO, R/O- HONG, P.O. ZIRO (HAPOLI) P.S. ZIRO (HAPOLI),
            DIST.- LOWER SUBANSIRI, ARUNACHAL PRADESH



            VERSUS

            THE STATE OF ASSAM
            REP. BY P.P., ASSAM



Advocate for the Petitioner   : MR. S BISWAS

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

05.12.2022 Heard Mr. S. Biswas, learned counsel for the accused-petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

2. By this application under Section 439, Code of Criminal Procedure, 1973 [CrPC], the accused-petitioner viz. Budhi Sambyo has prayed for his release on bail in connection with Basistha Police Station Case no. 952/2022, registered under Sections 120B/420/489C/489D, Page No.# 2/2 Indian Penal Code [IPC].

3. The accused-petitioner was intercepted and searched by a team of police personnel during the patrolling duty when he was standing at 9 th Mile under the jurisdiction of Jorabat Police Station at around 08-30 p.m. on 01.11.2022. On being searched, a number of articles including one electric machine suspected to be used in printing Fake Indian Currency Note [FICN] and two FICNs were seized. That apart, a cash amount of Rs. 2,00,000/- from the leather bag carried by the accused-petitioner and a cash amount of Rs. 35,000/- from his pocket were also recovered.

4. The materials in the case diary including the statement of the accused-petitioner, go to show that there is an organized group operating the business of making FICN and the investigation is still in progress. A number of persons involved in the illegal activity of making FICN are yet to be nabbed as they are at large. Having regard to the incriminating materials available in the case diary, this Court is not inclined to allow the prayer for bail under Section 439, CrPC to the accused-petitioner, at this stage of investigation. Consequently, the prayer for bail application under Section 439, CrPC in respect of the accused-petitioner stands rejected.

JUDGE Comparing Assistant