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2025 DAILYLAW 18655 (GAU)

ANOWAR HUSSAIN AND ANR. v. THE STATE OF ASSAM

Bail Appln./2860/2025 · 2025-09-23

Shamima Jahan

body2025

Judgment text

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Page No.# 1/4 GAHC010197232025 2025:GAU-AS:13192 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2860/2025 ANOWAR HUSSAIN AND ANR. S/O NASIMUDDIN ALI R/O BALLAMGURI P.S. BIJNI DIST. CHIRANG, ASSAM 2: SADDAM HUSSAIN S/O AJGOR ALI R/O NO. 1 DONGSIAPARA P.S. BIJNI DIST. CHIRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, MR K THAKUR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 24.09.2025 Heard Mr. B. M. Deka, learned counsel for the petitioners and Ms. N. Das, Page No.# 2/4 learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the petitioners, viz., 1) Anowar Hussain and 2) Saddam Hussain have prayed for bail in connection with Bijni Police Station Case No.99/2025 registered under Sections 61(2)/318(4)/316(2)/ 316(5)/317(4) of the BNS, 2023 read with Section 66C/66D of the IT Act. The F.I.R. dated 21.07.2025 reveals that one Ashraf Uddin gave assurance that he would deposit the job card money to the Bank account and took away the Passbook as well as other documents from the wife of the informant and on suspicion that some doubtful transaction had taken place in the account of the informant’s wife, an enquiry was made in respect of the said Bank account and it was found out that an amount of Rs.26,216/- was shown deposited and that rest of the amount was withdrawn by using the ATM Card of the informant’s wife. It was also alleged in the F.I.R. that the informant secretly investigated the matter and came to know that the said Ashraf Uddin was associated with a cyber financial fraud gang comprising of the petitioners and that they were running a fraud gang by collecting various documents from different persons and that they have also kept with them ATM swipe machine, ATM cards and that some Bank officials are also involved in the said illegal transactions. It is also alleged that by amassing huge amount of money by way of the said frauds the petitioners along with Ashraf Uddin and others have purchased various vehicles and were enjoying the hard earned money of the public. Page No.# 3/4 Mr. Deka, learned counsel appearing for the petitioners has argued that investigation has reached to a quite extent and there is no need for any further detention of the accused persons and that the petitioners were inside the jail for 67 days. He has also shown the seizure list which reflects that some keys were recovered from the petitioners as well as the documents of the wife of one of the petitioners were seized. He, as such, submits that bail may be granted to the petitioners. Ms. N. Das, learned Addl. P.P. for the State, however, on the basis of the Case Diary submits that there are materials showing that illegal transactions were conducted by the petitioners which was revealed by their mobile phones during the investigation. She has also placed the statements of the accused persons where they have admitted of cheating the public in general. I have heard the learned counsel for the parties and have gone through the records. In the F.I.R. it is noticed that the main accused person i.e. Ashraf Uddin is said to have been associated with the petitioners and is stated to have been running a cyber gang and have amassed wealth by doing illegal transactions by collecting different documents from different persons. It is noticed that the instant offence is an economic offence and the allegations are very serious in nature which is further backed by the materials in the Case Diary showing that the hard earned money of the innocent people are being extracted by indulging in illegal transactions. Page No.# 4/4 In view of the above, this Court does not deem it fit to grant bail to the petitioners at this stage and the prayer for bail stands rejected. The Bail Application stands disposed of. JUDGE Comparing Assistant