Page No.# 1/4 GAHC010165142025 2025:GAU-AS:11202 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2393/2025 ASHADUL ISLAM SON OF SAYED ALI R/O VILL- SALKATA P.S. FAKIRGANJ DSIT. SSAM-MKCR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. R A CHOUDHURY,M. HOSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21-08-2025 Heard Mr. HRA Choudhury, the learned Senior Advocate assisted by Mr. M. Hossain, the learned counsel for the petitioner and also heard Mr. P. Borthakur, Page No.# 2/4 the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 02.07.2025 in connection with South Salmara P.S. Case No. 30/2025 u/s 61(2)/318(2)/318(4)/308(2)111 of BNS Act, r/w Section 66(D) IT Act. 3. Case Diary is received. Perused the same. 4. The report from the IO is also received wherein it is stated that the present accused/petitioner Ashadul Islam, son of Sayed Ali is a different person with different identity and he is not the Ashadul Islam, son of Abdul Sabur who was earlier arrested in connection with this case. Further, the Report reveals that this accused/petitioner is also involved in the present case and it is not a case of any mistaken identity. 5. Mr. Choudhury, the learned counsel for the petitioner submitted in this regard that FIR of this case was lodged on 02.03.2025 and some of the co- accused persons also got bail on 03.04.2025 from this Court. After 3 months of their bail, the present petitioner with co-accused got arrested on 02.07.2025. It is submitted that due to some political rivalry after the Gaon Panchayat election he was arrested on suspicion in the present case. The petitioner is not a technology savvy person and he is not at all involved in the alleged offence. Mr. Choudhury further submitted that the accused is in custody since last 50 days and hence considering his length of detention also he may be enlarged on bail. He will appear before the I/O as and when his cooperation will be needed. 6. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that there are sufficient incriminating materials against the present Page No.# 3/4 accused/petitioner and it is an organized gang wherein the present accused/petitioner is also involved in creating some IDs and passwords and by logging those IDs and Passports they used to collect huge amount of money from the poor victims whose I-Cards, passwords and PAN Cards were collected earlier and with the help of those bank accounts those ID cards logged in and thereafter they used to misappropriate huge amount of money. 7. Mr. Borthakur further submitted that it is an organized gang wherein many other persons are involved and some of the persons are yet to be nabbed by the I/O. Mr. Borthakur further submitted that from the materials in the Case Diary it is seen that the I/O has collected in detail as to how this cyber crime is going on and the accused/petitioner has played an important role in the alleged offence. Accordingly, Mr. Borthakur raised objection and submitted that it may not be a fit case to grant bail at this stage. 8. Hearing the submissions of learned counsel for both sides, I have also perused the CD and it is seen that it is not a case of mistaken identity wherein the present accused/petitioner is involved in the alleged offence. However, it is seen that he was engaged by some other co-accused persons to make some fake identity and on the basis of which he was used to get commission and it also reveals that lots of persons are involved in this organized gang. However, considering the length of detention undergone by the accused/petitioner, I find that further interrogation may not be required for the purpose of investigation and at the same time, the I/O has collected all the electronic devices which is sent for FSL for further investigation. However, without going detail into the merits of the case, only considering the length of detention, I find it is a fit case to enlarge the accused/petitioner on bail. 9. Accordingly, the accused/petitioner be released on bail on furnishing a bond Page No.# 4/4 of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, South Salmara, Mankachar. The accused/petitioner, namely Ashadul Islam, 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, threaten 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 (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, South Salmara, Mankachar without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant