Page No.# 1/5 GAHC010052002025 2025:GAU-AS:3061 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./717/2025 ABDUL HASINUR ALIAS HASINUR ISLAM S/O GULZAR RAHMAN, RESIDENT OF VILLAGE JORDANGA PART II, KACHUNIMARA, PO MANKACHAR, PS MANKACHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM 783131 VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : A A AHMED, MR K ISLAM,MR. M U MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.03.2025 Heard Mr. M. U. Mondal, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2) The petitioner, namely, Abdul Hasinur @ Hasinur Islam, son of Gulzar Rahman, resident of village-Jordanga Pt-II, Police Station-Mankachar, District-South Salmara, Mankachar has filed this application under Section 483 BNSS, 2023 seeking his bail in Page No.# 2/5 Mankachar Police Station Case No. 01/2025, registered under Sections 61(2)/147/ 196(1)(b)/294/318(4)/363(3)/340(2) BNS, 2023 read with Section 14 of the Foreigners Act, 1946 read with Section 13 of the Foreign Exchange Management Act, 1999 read with Section 3 of the Passport (Entry into India) Act, 1920, corresponding to G.R. No. 06/2025, in which, he was arrested on 05.01.2025 and is in custody since then. 3) The petitioner earlier approached this Court for his bail in said Mankachar P.S. Case No. 01/2025 in Bail Application No. 365/2025 and on perusal of the case diary, by order dated 27.02.2025 bail prayer of the petitioner in said Mankachar P.S. Case No. 01/2025 was rejected. This is petitioner’s second bail application in said Mankachar P.S. Case No. 01/2025. 4) As per the FIR dated 05.01.2025 lodged before the Mankachar Police Station, the case is that during the course of enquiry of Mankachar P.S. G.D.E. Nos. 25 and 26 dated 23.12.2024, it was found that the petitioner and other accused persons of the case are involved in the illegal business of crossing of Bangladeshi nationals in to India as well as such Bangladeshi nationals from India to Bangladesh, without having any valid travel and other relevant documents. On the night of 23.12.2024, 16 (sixteen) Nos. of Bangladeshi nationals were detected from the border area at Jordanga Pt-II (Kuchnimara) and out of those, some were found in the house of the petitioner, who were brought there from Bengaluru, Karnataka by him, along with others to facilitate them to cross-over to Bangladesh from Indian side through a culvert under the border fencing or by cutting the fencing in the border. For such purpose, the petitioner and the other accused persons of the case collected Rs. 20,000/- from each of such Bangladeshi nationals. All those detected Bangladeshi nationals were handed over to 145 Battalion of Border Security Force, Mankachar, who were pushed back to Bangladesh. 5) Pursuant to said Mankachar P.S. G.D.E. No. 24 dated 04.01.2025, the petitioner was apprehended and when his house was searched in presence of witnesses, Bangladeshi national currencies amounting to a total of Rs. 2320/- of various denominations were recovered from the possession of the petitioner that were accordingly seized by the Police by preparing a seizure list. 6) The source information reveals that the accused petitioner, along with the other Page No.# 3/5 accused persons of the case are facilitating the illegal entry of Bangladeshi nationals in to India, without valid documents like passport, Visa and other related travel documents and used to prepare forged documents like I.D. Cards etc. to show such Bangladeshi nationals, who passed over to India as Indian citizens, which is a part of the well organised crime and network of using such Bangladeshi nationals for anti-Indian activities. The FIR also discloses that majority of such Bangladeshi nationals who had illegally entered into India or part thereof are involved in various Islamist terror groups having roots in India and abroad, getting financial help/support/assistance from Bangladesh and other places. As per the confidential information received, the concerned Investigating Officer of said Mankachar P.S. Case No. 01/2025 indicated that there is a big nexus relating to the business of bringing such Bangladeshi nationals to India in illegal manner for ulterior motives, having the possibility of causing internal disturbance, thereby threatening the unity, integrity and sovereignty of the Country. 7) Said FIR of the case was accordingly registered as Mankachar Police Station Case No. 01/2025 under Sections 61(2)/147/196(1)(b)/ 294/318(4)/363(3)/340(2) BNS, 2023 read with Section 14 of the Foreigners Act, 1945 read with Section 13 of the Foreign Exchange Management Act, 1999 read with Section 3 of the Passport (Entry into India) Act, 1920, corresponding to G.R. No. 06/2025. 8) Along with the petitioner, the FIR contains the name of 5 (five) other accused persons of the case. 9) Mr. Mondal, learned counsel for the petitioner contended that considering the detention of the petitioner in custody since 05.01.2025, for more than 73 days and also considering the ground that the father of the petitioner is medically indisposed, his bail should be considered. However, no such authentic medical report of the father of the petitioner has been annexed to this petitioner to consider the said ground. 10) Perused the case diary placed before the Court today by Mr. Parashar, learned Additional Public Prosecutor, Assam. 11) From the perusal of the case diary, it is seen that in said Mankachar P.S. Case No. 01/2025, along with the petitioner, three other accused persons have subsequently been arrested in the case. Page No.# 4/5 12) From the case diary, it is also seen that the petitioner, along with the other accused persons of the case are involved in the crossing of cattle from India as well as crossing of Bangladeshi nationals staying in India from the side of India to Bangladesh and similarly, bringing in Bangladeshi nationals to India from Bangladesh, without any valid documents by crossing them over the fence in various illegal ways. 13) The case diary reveals that the petitioner, along with the other accused persons of the case used to prepare fake documents like Aadhar cards, PAN cards, Voter cards etc. for those illegally infiltrated Bangladeshi nationals to India as Indian citizens; as during the investigation, various such documents were recovered from the apprehended Bangladeshi nationals, who were handed over to the BSF. 14) The case diary also reveals that the petitioner, along with the other accused persons of the case are facilitating the illegal entry of Bangladeshi nationals to India, which is in a well organised network aiming to use these Bangladeshi nationals for anti- Indian activities in the Country, most of them being involved in various Islamist terror groups having roots in India and abroad. 15) Case diary also indicates that the petitioner and the other accused persons, who are Indian nationals, are in link with some Bangladeshi nationals and work as their agents, who are involved with terrorist groups working with the elements inimical to the territorial Unity and Integrity of India, indulging in various anti-Indian activities like trying to create communal disturbances, instigating religious minority communities by false propaganda etc. 16) Considering such materials in the case diary, the Court is of the view that the detention of the petitioner, since 05.01.2025, cannot be considered for his bail in said Mankachar P.S. Case No. 01/2025, registered under Sections 61(2)/147/196(1) (b)/294/318(4)/363(3)/ 340(2) BNS, 2023 read with Section 14 of the Foreigners Act, 1945 read with Section 13 of the Foreign Exchange Management Act, 1999 read with Section 3 of the Passport (Entry into India) Act, 1920, corresponding to G.R. No. 06/2025. 17) Accordingly, this bail application of the petitioner, Abdul Hasinur @ Hasinur Islam, son of Gulzar Rahman, in said Mankachar P.S. Case No. 01/2025, registered under Sections 61(2)/147/196(1)(b)/294/ 318(4)/363(3)/340(2) BNS, 2023 read with Page No.# 5/5 Section 14 of the Foreigners Act, 1945 read with Section 13 of the Foreign Exchange Management Act, 1999 read with Section 3 of the Passport (Entry into India) Act, 1920, corresponding to G.R. No. 06/2025 stands rejected. 18) Return the case diary herewith. JUDGE Comparing Assistant