Page No.# 1/5 GAHC010180552025 2025:GAU-AS:12189 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2647/2025 RUPCHAN ALI S/O LATE NUR UDDIN FOKIR R/O VILL- MAYERCHAR PART-III P.O. NAYERALGA P.S. BILASIPARA DIST. DHUBRI, ASSAM PIN-783348 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A A MONDAL, MR. B HUSSAIN,MR. S UDDIN,MR R A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date: 08.09.2025 Heard Mr. N. J. Dutta, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. P. S. Lahkar, learned Addl. Public Prosecutor, representing the State respondent. 2. The instant application has been filed, under Section 483 of the BNSS, 2023, for granting bail to the accused-applicant, who was arrested on 21.06.2025, in connection with STF P.S. Case No. 02/2025, registered under Sections 61(2)/62/147/148 of the BNS, 2023, read with Section 18 UA (P) Act, read with Section 66 I.T. Act, corresponding to G.R. Case No. 2525/2025. 3. The gist of the case is that after receiving information about one Jakaria Ahmed (the prime accused), P.S. Bilasipara, Dhubri District that he had been issuing and supplying numerous numbers of SIM cards in fictitious names and the same were transmitted to some suspected Pakistani Intelligence Operative linked to proscribed terrorist outfits, illegally operating in India and thereby, facilitating war against the State and other subversive violent activities. It was also alleged that the holders/users of the mobile numbers a) 7073875676, b) 9799584230, c) 9119245081 and, d) 6001207581 based in Rajasthan and another mobile number 6001207581, currently based in Hyderabad along with other users, were part of a greater criminal conspiracy to wage war against the Indian State in collaboration with Pakistan and to carry out espionage activities and covertly sending information sensitive and related to national security to individuals inimical to the interest of the State. It was further alleged that there is a strong suspicion that the accused person is also part of the gang, who were involved in hacking bank Page No.# 3/5 accounts, WhatsApp accounts of individuals and thereby, siphoning of the money and delivering the same to foreign individuals through various digital and other means as part of their efforts to destabilize Indian economy, more particularly, to help the enemy State of Pakistan. 4. After receiving of the FIR from Inspector of Police, SOU PS, SB Headquarter, Guwahati, Assam, a case was registered as STF P.S. Case No. 02/2025, under Sections 61(2)/62/147/148 of the BNS, 2023, read with Section 18 UA (P) Act, read with Section 66 I.T. Act, corresponding to G.R. Case No. 2525/2025. The accused- applicant was arrested on 21.06.2025 by the STF Police in connection with the aforesaid case and he was produced before the learned Court of District and Sessions Judge, Kamrup (M), Guwahati, for remand to police custody. Following the period of initial police custody, the accused-applicant is presently in judicial custody. 5. Mr. N. J. Dutta, learned counsel appearing on behalf of the accused-applicant has submitted that the allegations leveled against the accused-applicant are totally false and vague and actually, he is a daily wage laborer and he used to visit the accused namely, Jakaria Ahmed’s store for daily wage work. He further submitted that the prime-accused namely, Jakaria Ahmed has already been granted a regular bail, vide order dated 05.07.2025, passed by the learned Special Judge, Kamrup (M), Guwahati. It was also submitted that some other arrested accused persons are also already on regular bail. However, the bail application filed by the accused-applicant was rejected by the learned District & Sessions, Kamrup (M), Guwahati, on 05.08.2025. He submitted that the accused-applicant was arrested on 21.06.2025 and is already inside the jail custody for the last 79 days. He submitted that the accused-applicant is without any past criminal antecedents and is willing to co- operate with the Investigation, in case, he is released on bail. Page No.# 4/5 6. Per contra, the learned Addl. P.P. has submitted that the accused-applicant is part of a big gang, which has been operating in Dhubri District, having connections with suspicious persons and criminals. He also submitted that though statements of various accused persons, including the accused-applicant have been recorded by the Investigating Authority, but still the investigation is not yet over and release of the accused-applicant, at this stage, will hamper the investigation that involved offences under BNS, UA (P) Act as well as the I.T. Act. He submitted, on the basis of the Case Diary that the offences alleged need minute scrutiny as well as proper investigation, therefore, the learned Addl. P.P., prays that the accused-applicant may not be granted bail at this stage. 7. This Court has heard the learned counsels appearing for the respective parties and has also gone through the materials available in the Case Diary. 8. This Court has observed that there are serious allegations of espionage and other criminal activities against the State, against the accused-applicant available in the Case Diary. There are materials of confession by the accused-applicant as well as others, involved in creating fake SIM cards, using the ADHAR cards and PAN cards of innocent individuals, who had visited them for seeking help in preparation of ADHAR and PAN cards. It is also found in the Case Diary that the accused- applicant is in connection with several persons staying in Rajasthan and Hyderabad, who may have connections with individuals of suspicious criminal backgrounds. 9. In view of the aforesaid material findings in the Case Diary, prima facie pointing fingers towards the accused-applicant, this Court is of the considered opinion that the instant application does not merit any interference of this Court at this stage and hence, the same is rejected. 10. The Case Diary so received may be returned forthwith to the Investigating Page No.# 5/5 Authority. JUDGE Comparing Assistant