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2025 DAILYLAW 13963 (GAU)

MOFIJUL ISLAM AND ANR v. THE STATE OF ASSAM

Bail Appln./1923/2025 · 2025-06-25

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010124912025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1923/2025 MOFIJUL ISLAM AND ANR S/O SOBER ALI R/O VILL- KATHABDI PT.II, P.O. AND P.S. BILASIPAA, DIST. DHUBRI, ASSAM, PIN-783348 2: JAKARIA AHMED S/O MAJIBAR RAHMAN R/O VILL- SAGUNMARI PT.IV P.S. BILASIPARA DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : PP, ASSAM, Linked Case : AB/1316/2025 AMINUR ISLAM S/O SAHID ALI R/O VILL- KATHALDI PT.2 P.S. BILASIPARA DIST. DHUBRI ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. M A SHEIKH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2025 Both these applications are taken up together for disposal by this common order as they arises out of the same FIR. 2. Heard Mr. M A. Sheikh, the learned counsel appearing for the petitioners. Also heard Mr. K K Parasar, the learned Additional Public Prosecutor for the State of Assam. 3. These applications are filed under Sections 482 & 483 of the BNSS, 2023 in respect of S.T.F. P.S. Case No. 02/2025. 4. The accusation brought against the petitioners is that the petitioner Jakaria Ahmed used to issue mobile SIM Cards to Pakistan Intelligence Operatives and other banned organizations. The petitioner Mofijul Islam was arrested from Telengana and from his possession 948 SIM Cards were recovered. Both of them were arrested. In the meantime, the petitioner Aminur Islam apprehending arrest in this case filed an application praying for anticipatory bail. 5. The accusation brought against the petitioners is a serious one, which goes against the interest of the country. 6. Mr. Parasar has submitted that the investigation of the case is at the initial Page No.# 3/3 stage and therefore, the Investigating Agency should be given some more opportunities to investigate the case. According to Mr. Parasar, allowing the bail applications of the petitioners would amount to interference in police investigation. 7. I have considered the submissions made in the light of materials available in the case diary. 8. The offence alleged against the petitioners is a serious one and therefore, a thorough investigation is necessary. 9. Therefore, this Court is of the opinion that by allowing the bail applications of the petitioners at this stage would amount to interference in police investigation. Both the applications are dismissed and disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant