Page No.# 1/4 GAHC010153822025 2025:GAU-AS:9727 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2292/2025 ABDUL @ ABDUR REZZAK S/O- SAHAB UDDIN, R/O- SAULKHOWA, P.S.-MUKALMUA, DIST.-NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. V A CHOWDHURY, B ALI,MR. M HUSSAIN,MR A. M. BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2025 1. Heard Mr. A.M. Bora, the learned Senior Counsel, assisted by Mr. V.A.Chowdhury, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Abdul @ Abdur Rezzak, who has been detained behind the bars since 11.06.2025 in connection with Tezpur P.S. Case No. 270/2025, under Sections 319(2)/318(2)/336(3)/61(2)/3(5) of BNS, 2023 read with Sections 43/66/66(C)/66(D) of the I.T. Act, 2000. 3. The gist of accusation in this case is that on 17.04.2024, one Md. Mustofa Kamal @ Mustofa had lodged an FIR before the Officer-In-Charge of Tezpur Police Station inter alia, alleging that the accused persons named in the FIR were found involved in the commission of organized crime of supplying new bank accounts for suspected money related transactions. 4. The learned Senior Counsel for the petitioner has submitted that the petitioner is not named in the FIR. 5. He submits that the main accusation is against one Md. Mustofa Kamal @ Mustofa in the FIR and the said accused has already been released on bail by the Trial Court on 05.05.2025. 6. He submits that it is the said Md. Mustofa Kamal @ Mustofa, who has implicated the present petitioner in the instant case, of having being supplied sim cards to the said accused and the said sim cards were used in the commission of the offence alleged in the FIR. 7. The learned Senior Counsel submits that the present petitioner has been detained behind the bars for the last 49 days and considering the length of his detention and his willingness to co-operate in the investigation, he may be allowed to go on bail. Page No.# 3/4 8. On the other hand, the learned Additional Public Prosecutor Mr. K.K. Das has produced the Case Diary of Tezpur P.S. Case No. 270/2025 and has vehemently opposed the grant of bail to the present petitioner. He submits that the offence alleged in the FIR is an organized crime and the petitioner is accused of supplying sim cards, which were used for opening new bank accounts for suspected money laundering related transactions. 9. He further submits that the petitioner has earlier criminal antecedent also, as he was also arrested in connection with Mukalmua P.S. Case No. 140/2025. He also submits that some more co-accused persons are yet to be arrested and if the petitioner would released at this stage, it would hamper the investigation of the aforesaid case. 10. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of Tezpur P.S. Case No. 270/2025. 11. On perusal of the Case Diary, it appears that there are incriminating materials in the Case Diary, however, considering the fact that 2(two) of the co-accused persons, one of whom is named in the FIR as prime accused namely, Md. Mustofa Kamal @ Mustofa, has already been granted bail by the Trial Court. Also considering the fact that the petitioner has been detained behind the bars for the last 49 days, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of Tezpur P.S. Case No. 270/2025. 12. In view of the aforesaid discussions, the above-named petitioner Page No.# 4/4 is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Sonitpur, Tezpur with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 13. Send back the Case Diary. 14. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant