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2025 DAILYLAW 25161 (GAU)

MD OHIDUR ALOM v. THE STATE OF ASSAM

Bail Appln./3461/2025 · 2025-11-09

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010232452025 2025:GAU-AS:15145 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3461/2025 MD OHIDUR ALOM SON OF ABDUL HOQUE R/O VILL- RAKHALKILLAH, P.O. SIMLABARI DIST. GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D P BORAH, MR U GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 10.11.2025 Heard Mr. D. P. Borah, learned counsel appearing for the accused-applicant. Also heard Mr. R. R. Kaushik, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant in connection with Lakhipur P.S. Case No. Page No.# 2/4 132/2025, registered under Sections 61(2)/316(2)/318(3)(4)/308(2) of the BNS, read with Section 66D of the IT Act. 3. The allegations as have been narrated in the FIR dated 18.09.2025, lodged by one Aminul Haque S.I. Lakhipur Police Station before the Officer-in-Charge are inter alia, that on receipt of certain secret information through reliable sources, the accused- applicant, a resident of village Rakhalkilla, along with other persons have been operating online financial network whereby, they lured many innocent people of Lakhipur area into investing huge amounts in RSN crypto currency tokens, promising a lucrative returns through an online investment schemes; that false guarantee of returns resulted in the accused duping numerous individuals and thereby, siphoning of huge amounts of money from innocent people; that during the preliminary investigation, two numbers of mobile phones were seized by the Investigating Officer wherein, huge numbers of suspicious money transactions were found; that the mobile phones contained several incriminating high amount transactions and also surreptitious details in germane to KSN crypto currency in hidden folders of the said mobile phones; that the accused-applicant could neither justify his crypto business nor could produce any valid license documents for operating such financial transactions, including online gaming; that it was further revealed that the accused-applicant, in association with other fraudsters were found to be renting bank accounts of several people to conceal their own identities, paying certain amounts per day to those account holders. 4. The accused-applicant was arrested on 18.09.2025 and since then, for the last 53 days, he is in judicial custody. 5. The learned counsel appearing for the accused-applicant submits that the accused- applicant is not involved in any illegal activity and no complaint has been lodged against him. The learned counsel further submits that creating an RSN user ID and operating an RSN user ID is not an offence as alleged by the Investigating Officer in the FIR. He further submits that RSN user ID created is not a fake account but a genuine account Page No.# 3/4 created by him legally. The learned counsel submits that he did not promise any financial returns and in fact, he is not involved in any kind of such activity whereby, he lured or duped any people in any manner. In view of the aforesaid, he submits that the accused-applicant has since already spent more than 53 days inside the judicial custody, further custodial detention in the instant case is not required. Therefore, he prays that the accused-applicant be released on bail with terms and conditions, this Court deem fit and proper. 6. Mr. R. R. Kaushik, learned Addl. P.P., submits that during the investigation, huge incriminating materials were found against the accused-applicant involving in various suspicious and illegal financial transactions, wherein, the accused-applicant has, in fact, lured and duped the innocent people by using their accounts by paying certain amounts per day. The learned counsel submits that the investigation is still going on and further investigation may be required at this stage, as the mechanism of illicit transactions are yet to be fully ascertained. In view of the aforesaid, he prays that at this stage, this Court should not allow the accused-applicant to go on bail. 7. This Court has gone through the Case Diary along with the other materials submitted before this Court and also heard the submissions so made by the learned counsel for the parties. 8. Having found various incriminating materials against the accused-applicant available in the Case Diary, and taking into account the aspect that the alleged offence is of a serious nature, which involves minute investigation of the mechanisms of transactions, this Court is of the considered opinion that granting bail to the accused- applicant at this stage would not be appropriate. 9. In view of the aforesaid finding, the instant bail application is hereby rejected and disposed of. Page No.# 4/4 JUDGE Comparing Assistant