Page No.# 1/5 GAHC010139822025 2025:GAU-AS:9735 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2073/2025 AMINUL HOQUE S/O ABUL KASAHEM @ ABUL KASHEM R/O VILL- GUNIALGURI P.S. KALGACHIA P.O. GUNIALGURI DIST. BARPETA ASSAM PIN-781319. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MD. S ALOM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 29.07.2025 Heard Md. S. Alom, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Tezpur P.S. Case No. 360/2025, under Sections 316(3)/318(4) of BNS, 2023. 3. Case Diary has been received and I have perused the same. 4. It is submitted by Md. Alom, learned counsel for the petitioner, that the present accused/petitioner is innocent and he is no way connected in the alleged offence. However, he got arrested in connection with this case only on the ground that his mobile number was found in the Aadhar Card of his sister, namely, Shahinur Khatun, who is one of the Director of the RTMT Credit Service Ltd. However, he has not committed any such offence as alleged in the F.I.R. and moreover there was no prayer for any custodial interrogation by the I.O. in connection with this case. Md. Alom further submitted that the present petitioner was arrested on 03.06.2025 and till date, he has been in custody for last 57 days. The police had already collected all the relevant documents and materials and hence, further custodial interrogation of the present petitioner may not be required for the interest of investigation. However, the petitioner is Page No.# 3/5 ready and willing to co-operate the I.O. in further investigation of the case if he is granted with the privilege of bail. 5. Mr. Sarma, learned Additional Public Prosecutor, submitted in this regard that the present accused/petitioner is also involved in the alleged offence and the Case Diary reveals sufficient incriminating materials against him. He further submitted that the present petitioner, in conspiracy with the other accused persons, created E-Mandate Account and thereby they used to transfer the money even without generating OTP. Further he submitted that all the accused persons fraudulently transferred more than Rs. 3.28 Crores from the account of one deceased person, namely, Pradip Tibrewal. He further submitted that the co-accused persons, namely, Ruhul Amin & Shahinur Khatun, were the Directors of the said RTMT Company and they, along with the present petitioner, are very much involved in the alleged offence. He also submitted that another co- accused person, namely, Shahidul Islam, introduced the accused- Ruhul Amin to accused- Sonowar Hussain and thereafter they all created the E-Mandate Account and transferred the entire aforesaid amount to the account of the said RTMT Company. Mr. Sarma further submitted that from the order passed by the learned Court below, it reveals that around more than Rs. 2.83 Crores had already been seized from the account of the said RTMT Company and the same was given zimma to the complainant. But till date, more than Rs. 40 Lakhs are yet to be recovered and some of the accused persons, who are also involved in the alleged offence, are still absconding and yet to be nabbed in connection with this case. Accordingly, Mr. Sarma submitted that further custodial interrogation of the present petitioner may be required for the interest of investigation and hence, considering the nature and gravity of the offence, he Page No.# 4/5 raised objection in allowing the accused/petitioner on bail at this stage. 6. After hearing the submissions made by the learned counsel for both sides, I have also perused the Case Record and the Case Diary and it is seen that the I.O. has collected sufficient incriminating materials against the present petitioners. However, considering the length of detention already undergone by the accused/petitioner and also considering the fact that there is no probability of filing the charge-sheet within 4-5 days by the I.O. as the matter is still under investigation, this Court is inclined to grant bail to the accused/petitioner. 7. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only with 1 (one) surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur, the accused/petitioner, namely, Aminul Hoque, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 from disclosing such facts to the Court or to any police officer; and Page No.# 5/5 (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur, without prior permission. 8. In terms of above, this bail application stands disposed of. 9. Case Diary be send back. JUDGE Comparing Assistant