Page No.# 1/3 GAHC010127752026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1396/2026 MOFIDUL ISLAM S/O- ASIRUDDIN RESIDENT OF - VILLAGE- RAMPUR PO- NIZ RAMPUR PS- KALGACHIA DIST- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN,MR N JAMAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.07.2026 Heard Mr. H.R.A Choudhury, learned Senior Counsel assisted by Mr. A.K. Azad, learned Counsel for the petitioner and Ms. S.H. Bora, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Page No.# 2/3 Kalgacia P.S. Case No.50/2026 registered under Section 61(2)/318(4)/319(2)/316(2)/3(5) of the BNS, 2023. The FIR connected with the instant case was filed by the In-Charge of Kalgacia Police Station, Barpeta stating that on 22.05.2026 based on a source information, the police personnel came to know that one Rabbul Al Amin has been operating a nexus involved in cyber fraud activities in and around the Rampur area along with his associates. On receiving the said information, the police personnel conducted a search operation and apprehended said Rabbul Al Amin and during interrogation and on being led by the said accused person, the police team proceeded to his shop and seized various incriminating articles. It is also stated in the FIR that on interrogation of the said accused person, the name of the petitioner surfaced and the police team proceeded to the residence of the petitioner and conducted a search. However, the police team could not arrest the petitioner and on reaching the shop of the petitioner being shown by the nephew of the petitioner, a number of incriminating articles were shown to have been seized from the shop there on. 3. The learned Senior Counsel for the petitioner submits that none of the victim, if at all there are, has filed any complaint against the petitioner to attract the offence of cheating and other offences as mentioned in the FIR. He submits that it was the police personnel who on the basis of the co-accused statement had implicated the petitioner in the said offence. 4. On the other hand, Ms. S.H. Bora, learned Additional Public Prosecutor for the State submits that the co-accused namely Rabbul Al Amin had stated before the police that the petitioner is involved in cyber fraud activities. She also stated that the bank account of the petitioner also shows that various transactions Page No.# 3/3 made in the said account. She has vehemently objected to the bail. 5. On consideration of the submissions made by the learned Counsel of all the parties and on examination of the case record, it is found that the petitioner is implicated in the case only on the statement made by the co-accused i.e. Rabbul Al Amin and it is also seen that there is no complaint from any quarters against the petitioner about cheating of any alleged victim. It is also noticed that Rabbul Al Amin has been granted bail by this Court. In the said facts and circumstances, this Court finds it fit to enlarge the petitioner on pre arrest bail on furnishing of bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of the Arresting Authority under the following conditions: i) the petitioner will appear before the Investigating Officer as and when call for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Authority. 6. Petition is disposed of. JUDGE Comparing Assistant