Sujit Kumar and Anr. Vs the State of Assam

2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioners, namely, (i) Sujit Kumar and (ii) Ashutosh Anand in connection with Gauhati GRPS Case No. 01/2026 registered under Sections 61(2)/318(4)/62/178/179/180/3(5) of the BNS.

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3. Case diary received. Perused the same.

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4. It is submitted by Mr. Haque, learned counsel that the petitioners are innocent and nothing has been recovered from their possession. It is also submitted that the fake currency notes recovered from two bags also does not belong to the petitioners. However, the petitioners are in custody since last 67 days and hence, considering their length of detention, they may be granted with the privilege of bail. They being the permanent resident of the addressed locality, they will appear before the I.O. as and when their cooperation will be required.

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5. Mr. Borthakur, learned APP raised objection and submitted that the fake currency amounting to Rs.33,000/- has been recovered from the possession of the petitioners and from the FSL report also it is seen that those currencies were the counterfeited currency, which were recovered from the possession of the accused petitioners. He accordingly submitted that further custodial interrogation of the petitioners may be required for the purpose of investigation of the case.

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6. Considering the submissions made by the learned counsel for the parties, the materials in the case diary and without going further detail into the merit of the case, I find that further custodial interrogation of the petitioners may not be required for the purpose of investigation as the I.O. got sufficient opportunity to interrogate them, keeping them in custody and as such I find it a fit case to

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extend the privilege of bail.

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7. Accordingly, the accused/petitioners, namely, (i) Sujit Kumar and (ii) Ashutosh Anand, be released on bail in connection with Gauhati GRPS Case No. 01/2026 registered under Sections 61(2)/318(4)/62/178/179/180/3(5) of the BNS, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each only, with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions:-

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(i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and

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(ii) that the petitioners 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/her from disclosing such facts to the Court or to any police officer.

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8. With the above observation and direction, this bail application stands disposed of.

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9. Return the case diary herewith.

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JUDGE

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Sujit Kumar and Anr. v. the State of Assam

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Sujit Kumar and Anr. v. the State of Assam

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