Page No.# 1/4 GAHC010200012025 2025:GAU-AS:12659 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2909/2025 SHAJAMAL HOQUE SON OF ABDUL HAI R/O VILL- MAHTOLI, P.S. BOKO DIST. KAMRUP (M), ASSAM, PIN- 781102. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 15.09.2025 Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the Page No.# 2/4 State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, 1. Shajamal Hoque, seeking regular bail in connection with Cyber P.S Case No. 09/2025 under Sections 61/316/318/319 of BNS, 2023. 3. The case arose out of an ejahar dated 04.07.2025, lodged an complaint by one Debopriyo Debroy before the Cyber Police Station, Panbazar, who stated to have invested in a financial transaction through the App of one firm named Anand Rathi. The volume of investment is considerable running into a few crores. Subsequently, the gist of allegations is that he failed to get a return of the same and developed suspicions that he has been cheated through fraudulent transactions. 4. The learned counsel for the petitioner submits that the petitioner resides in an interior place and has no role in these transactions at all even though he has been arrested subsequently during the investigation on 23.08.2025 and also thoroughly examined in police custody. The learned counsel for the petitioner submits that it is a fit case for granting bail to the present accused at this stage. 5. The case diary has been received and on the basis of the case diary, the learned Additional Public Prosecutor for the State representing the prosecution submits that the investigation has Page No.# 3/4 revealed implicating materials against several involved persons, including the present accused has been part of the network indulging in these fraudulent transactions of large volumes. Though the accused himself has admitted in his statement about indulging in fraudulent transactions, the same protection being one made before police would be hit by principle of admissibility, even at this stage. 6. The investigating authority has made a detailed note of the investigation, which is available in the case diary. As per the said note, it has been found during the investigation that the present accused has five different accounts in different banks which have been used for fraudulent transactions and in one of these transactions is found to be involved an amount of approximately 42 Lakhs. 7. The materials have also revealed his linkages and complicity in the alleged offences with the co-accused Rabiul Chand and it is also revealed from the investigation with regard to one of his accounts, several complaints have been lodged in the Cyber Police Portal of Ministry of Home Affairs. The I.O has contended on the basis of investigating materials that the present accused is habitually involved in these kinds of fraudulent financial activities. 8. The investigation has progressed but is not yet complete. Considering the nature of the alleged offences and the complex nature of investigation that such alleged offences involve – it may be prudent not to grant bail to the accused at this stage. The Page No.# 4/4 investigation should progress to its logical end and accordingly, the bail petition stands rejected at this stage. 9. Return back the case diary. 10. Accordingly, the bail petition stands disposed of. JUDGE Comparing Assistant