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2025 DAILYLAW 5241 (GAU)

DILDAR ALI v. THE STATE OF ASSAM

AB/21/2025 · 2025-01-28

Manash Ranjan Pathak

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010001142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/21/2025 DILDAR ALI S/O MD. TAFIKUL ALI VILL- MAIRACHARA P.S. BOKO, DIST. KAMRUP PIN- 781135 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 29/01/2025 Heard Mr. A Roshid, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Dildar Ali, son of Md. Tafikul Ali, resident of Village-Mairachara, P.S. Boko, District-Kamrup has filed this application under Section 482 BNSS, seeking pre-arrest bail apprehending his arrest in Cyber P.S. Case No. 26/2024 registered under Sections 61/318(4)/316(2)/336(3) BNS 2023 corresponding to G.R. No. 6699/2024. 3. As per the FIR of the case, the matter relates to involvement in cyber crime, hacking, fraud schemes employing different modus operandi using OTP, password of innocent victims, targeting primarily the innocent individuals, siphoning huge amount of money from such individuals across the country vide various online modes including gaming platforms. 4. It is seen from the case diary placed before the Court today by Mr. Parashar, learned Additional Public Prosecutor, Assam that a group of cyber fraudsters from the districts of Barpeta, Goalpara and others camping in a lodge at Boragaon near Apollo Excel Care Hospital, within the jurisdiction of Garchuk Police Station were apprehended on 11.11.2024, who were involved in siphoning huge amount of money from the current bank accounts of different individuals, which those fraudsters through their agents have collected and they intended to misuse by transferring money from those bank accounts fraudulently from different individual agents. Those agents were to be present in the said meeting that was to be held on 11.11.2024 in a concerned lodge under the said hospital at Boragaon under Garchuk Police Station. 5. Case diary reveals that the arrested accused persons of the case, the cyber fraudsters indicated the petitioner to be one of such collecting agents, who used to collect bank accounts of different individuals, whose bank accounts were to be used for illegal activities. 6. From the case diary, it is seen that the petitioner is evading police and thereby, evading the investigation of the case. 7. Considering such materials in the case diary against the petitioner with regard to his Page No.# 3/3 involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, Dildar Ali in said Cyber P.S. Case No. 26/2024. 8. Accordingly, this pre-arrest bail application of the petitioner, named above, in said Cyber P.S. Case No. 26/2024 stands rejected. 9. Return the case diary. JUDGE Comparing Assistant