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2026 DAILYLAW 12016 (GAU)

ASIQUL ISLAM v. THE STATE OF ASSAM

AB/1287/2026 · 2026-08-13

Shamima Jahan

body2026

Judgment text

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Page No.# 1/4 GAHC010117892026 2026:GAU-AS:11591 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1287/2026 ASIQUL ISLAM SON OF ROFIQUI ISLAM, 190, NEAR MASJID, DATIALBORI, MARIGAON, ASSAM, 782126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. AMIT GOYAL, MR. A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN O R D E R 14.08.2026 Heard Mr. A. Goyal, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner, namely, Asiqul Islam has prayed for bail in connection with Laharighat P.S. Case No. 16/2026 u/s 61(2)/318(4)/336(3)/340(2) of Bharatiya Nyaya Sanhita (BNS), 2023 read Page No.# 2/4 with Sections 66(C)/66(D) of Information Technology Act, 2000. 3. The FIR in connection with which the petitioner is apprehending arrest was lodged by one Lt. Col. Deepak Ranjan Gogoi on 09.02.2026, stating inter alia that the informant, along with others, had formed a team of senior ex- service officers and personnel of Indian Armed Forces, and has formed themselves into a company registered under the Companies Act 1956. 4. It is also stated that the informant company used to offer doorstep banking services to various customers, banks, and financial institutions like micro point of sale, etc., for digital transactions Pan India mandated by the Reserve Bank of India. It was further stated that they had recruited a Super Distributor in Assam, namely, Dilwar Hussain, i.e the co-accused, who is given the responsibility to recruit business correspondent agents and onboard merchants for the digital cash transactions. 5. It is also stated that the merchants who credits himself with significant number of transactions are converted to BC agents and that several BC accounts were used to transfer money using DMT services for fraudulent transfer of money from senders to beneficiaries. It is thereafter stated that although those accounts were deactivated, but the persons who are involved in the said misconduct had reactivated the accounts for fraudulent transfer. 6. It is also stated in the said FIR that the petitioner has been one of the beneficiaries to whom money was transferred fraudulently from the said reactivated BC accounts. 7. Mr. Goyal, learned counsel for the petitioner submits that the allegations against the petitioner mentioned in the said FIR is incorrect and that Page No.# 3/4 he has no connection whatsoever with the said offence. 8. He further submits that the petitioner is involved in the work of an electrician and he has no connection with the offence, if at all the same has been committed. 9. It is however seen that the petitioner was released on interim pre- arrest bail by order dated 15.06.2026 and the conditions attached to the said bail order were that the petitioner is directed to make himself available for interrogation within 7(seven) days of the said order. A further direction was given that the petitioner should cooperate with the investigation of the case. 10. Mr. K.K. Das, learned Additional Public Prosecutor, on perusal of the case diary as well as the note made by the Investigating Officer submits that the petitioner had appeared before the Investigating Officer but he stated that he did not cooperate with the instructions of the Investigating Officer to the effect that he did not place the documents including the bank details which were asked from him by the I.O. 11. However, it is seen that the petitioner had appeared before the Investigating Officer within the time stipulated and it is also alleged by the learned counsel of the petitioner that the petitioner was harassed when he appeared before the I.O, which is however not the subject matter in this bail application and liberty was taken by the learned counsel for the petitioner to move an appropriate application before the appropriate Court. 12. In view of the said allegations and in view of the fact that the petitioner had made himself available for interrogation by the Investigating Officer, and also due to the fact that the Investigating Officer should have Page No.# 4/4 recorded the statement to the effect as to whatever is stated by the petitioner, this Court deems it fit to make the order dated 15/6/2026 by which interim pre- arrest bail was granted, be made absolute. 13. The petitioner is as such allowed to remain on pre-arrest bail. 14. Accordingly, anticipatory bail application stands disposed of. JUDGE Comparing Assistant