Page No.# 1/3 GAHC010014562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/172/2025 AKKAS ALI S/O ABDUL KHALIQ, A PERMANENT RESIDENT OF VILL- OKCHEK PATHER, P.O. AND P.S.MURAJHAR, DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR S A BARBHUYAN, MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 27 .02. 2025 Heard Mr. D.K. Agarwala, learned counsel for the petitioner and Ms. N. Das, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. By filing this second bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the petitioner namely Akkas Ali, has Page No.# 2/3 prayed for pre-arrest bail, apprehending arrest in connection with Murajhar P.S. Case No. 100/2024 under Section 120B/ 419/ 468/ 471/ 371 IPC read with Section 14 of the Foreigners Act. The allegation made in the FIR is that the accused/ petitioner has obtained a Tatkaal Passport by way of fraudulent means, the racket is being operated in different parts of Hojai District by touts namely Ripul Ali and Akkash Ali. During verification of Tatkaal Passport, the actual name of the applicant was found Salima Khatun and they have fraudulently obtained a Tatkaal Passport in the name of Rahima Khatun, who happens to be her elder sister and the accused petitioner was involved by producing fake documents in dupping and sending girls to gulf countries . The learned counsel for the petitioner has submitted that petitioner is no way connected with the alleged offence and he has only helped to get the passport. The authority has issued passport after verification. He further submits that the petitioner is no way involved with the issuing of passport. In view of the above, the benefit of pre-arrest bail may be extended to the petitioner. In response, the leaned Addl. Public Prosecutor has produced the case diary and has submitted that the bail application was earlier rejected vide order dated 30.09.2024, passed in A.B. No. 2211/ 2024 after perusing the case diary and there is no new ground to consider the prayer for bail. However, there are sufficient incriminating materials available against the petitioner and custodial interrogation of the petitioner is necessary. Having heard the learned counsel for the parties and on perusal of the case diary, it reveals that the matter relates to issuance of fake passport and Page No.# 3/3 trafficking of girls to gulf countries for financial gain. Investigation is still going on. At this stage, it cannot be said that prima facie no case is made out against the petitioner. As there is no new ground shown by the petitioner to consider the prayer for bail, this court is not inclined to grant the privilege of pre-arrest bail to the petitioner. Hence, prayer for bail is rejected. Return the case diary. JUDGE Comparing Assistant