Page No.# 1/4 GAHC010237782025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3481/2025 HABIB ULLAH S/O- SIRAJ ALI, R/O-VILL- BOWALGURI, P.O.- GOROIMARI, P.S.- LAHARIGHAT, DIST.- MORIGAON, ASSAM, PIN - 782104. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A A DEWAN, MR A MALEK,MR H A RASHID Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 06.11.2025 1. Heard Mr. A. A. Dewan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Habib Ullah, who has been detained behind the bars since 07.10.2025 in connection with Moirabari P.S. Case No. 178/2024 under Sections 61(2)/ 319(2)/ 318(4)/ 338/ 336(3)/ 340(2)/ 3(5) BNS read with Section 66(C)/ Page No.# 2/4 66(D) of the I.T. Act, 2000. 3. The gist of accusation in this case is that on 26.11.2024, one J Basumatary, S.I. of Police had lodged an FIR before the Officer-in-charge of Moirabari Police station, inter alia, alleging that the accused person named in the FIR, namely, Nasir Ahmed is involved in an illegal racket where the images of innocent persons are used to be morphed to create fictitious identity in order to gain wrongful loan from different finance companies by using electronic devices. It is alleged that the named accused person and his associates by indulging in the said racket had duped many innocent persons by taking loan in their name from Aditya Birla Finance Limited, L&T Company, Axis Bank, etc. 4. The learned counsel for the petitioner has submitted that petitioner is innocent and in no way involved in the offence alleged in the FIR. He submits that the petitioner has not been named in the FIR. He also submits that in the instant case, he has been shown arrested as he was earlier arrested in a case of similar nature which was registered as Moirabari P.S. Case No. 74/2024. 5. The learned counsel for the petitioner further submits that at the time of arrest in connection with Moirabari P.S. Case No. 74/2024, he was subjected to severe physical torture by police and when he was produced before the Magistrate, the said physical torture was also noticed by the Magistrate. He submits that in that connection an FIR was also directed to be lodged against the Superintendent of Police of Morigaon district. He further submits that as the petitioner has made complaint against the police he has been falsely implicated in this case and has been shown arrested in connection with this case. He submits that the physical condition of petitioner is also not good and in this connection in the connected bail application i.e., Bail Application No. 3483/2024, Page No.# 3/4 medical report was called for from the Jail Superintendent. 6. He further submits that in the meanwhile one of the co-accused namely, Inamul Hoque who was similarly situated like that of the present petitioner has already been released on bail by the Trial Court i.e., Court of the learned Judicial Magistrate First Class, Morigaon on 31.10.2025. He further submits that the petitioner has been languishing behind the bars since last 30 days merely on the basis of suspicion. He also submits that the petitioner is ready to co-operate in the investigation and, therefore, prays for allowing him to go on bail. 7. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Moirabari P.S. Case No. 178/2024 and has submitted that the petitioner is habitual offender in respect of the offences of similar nature and there is a strong suspicion of his involvement in the offence alleged in this case. He, however, fairly submits that at the present stage of investigation, the case diary does not reflect the direct incriminating materials against him. However, he submits that as the offence alleged is serious in nature and investigation is going on, the bail may not be granted to the petitioner. 8. I have considered the submissions made by the learned counsel for both sides. 9. Though, the offence alleged in this case involves accusation of serious nature, however, the present petitioner has not been named as an accused in the FIR. Moreover, on perusal of the case dairy, it appears that at this stage of investigation, there are no direct incriminating materials against him in Page No.# 4/4 connection with this case and he has been mainly detained on the basis of suspicion. Suspicion, however, strong cannot replace the evidence and since the petitioner has been detained behind the bars for last 29 days, this Court is of considered opinion that without any direct incriminating materials against him, he need not to be further detained in the aforesaid case if the petitioner co- operates in the investigation. 10. In view of the above discussions, the above named petitioner is directed to be released on bail of Rs.30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of learned Chief Judicial Magistrate, Morigaon with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 11. This bail application is accordingly disposed of. 12. Send back the case diary. JUDGE Comparing Assistant