Page No.# 1/3 GAHC010117982025 2025:GAU-AS:8220 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1842/2025 HEDAYATULLAH S/O KUDRUT ALI PERMANENT RESIDENT OF VILL- PARMAIBHETI, P.S. JURIA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A W AMAN, A MISHRA,SAMIM RAHMAN,MS SURAYA RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-06-2025 Heard learned counsel Mr. S. Nawaz for the petitioner Hedayatullah, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as the petitioner is behind bars in connection Page No.# 2/3 with Biswanath Chariali Police Station Case No. 105/2025 under Section 61(2)/318(4)/316(2)/318 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam. 3. The allegation against the petitioner is that on 23.05.2025 at around 4:40 PM, on a credible information received at Biswanath Chariali Police Station regarding an illegal money transaction network operating in various parts of Assam with its centre at Biswanath, a team of police personnel embarked upon the investigation at around 5:15 PM and three persons were apprehended during investigation in front of Asomi Rice Hotel. The petitioner is one of the accused. The accused were brought to the police station and during preliminary investigation, it was revealed that the accused persons were operating multiple fraudulent current bank accounts of various banks including North East Small Finance Bank as mule accounts to facilitate the illegal transactions, who often use suspected groups of the messaging application, Telegram for the same. It was also disclosed by the one of the accused Ibrahim Ali that he was acting under the instructions of the petitioner Hedayat Ullah. 4. It is submitted by the learned Additional Public Prosecutor that this is not one case of isolated financial fraud but an organized racket where betting and illegal gaming applications were disguised as legitimate platforms to lure young users, students and members of economically vulnerable communities. The accused used multiple forged accounts in the name of unsuspecting individuals and funds from illegal gaming, which were funneled through layered digital transactions involving wallets, crypto currency and intermediary mule accounts. The learned Additional Public Prosecutor has thus submitted that the petitioners Page No.# 3/3 are history sheeters and are flight risks. They are not entitled to bail at this juncture as they are involved in an offense against the society at large. 5. I have also scrutinized the Case Diary. It is submitted on behalf of the petitioner that notice under section 35 (3) of BNSS was not issued and the petitioner was arrested. 6. However, this has been refuted by the learned Additional Public Prosecutor stating that reasons were assigned and the Magistrate has passed a reasoned order as to why the petitioner was arrested without the notice under Section 35 (3) of BNSS. 7. There are indeed incriminating materials in the Case Diary against the petitioner. Investigation is still under progress. 8. It appears that investigation may be adversely affected if the petitioner is enlarged on bail at this stage. 9. Considering all aspects, at this stage, this Court is hesitant to grant bail to the petitioner. 10. Petition is rejected at this stage. 11. Send back the Case Diary. JUDGE Comparing Assistant