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2026 DAILYLAW 12507 (GAU)

MOZIBUR RAHMAN v. THE STATE OF ASSAM

AB/696/2026 · 2026-08-13

Shamima Jahan

Public Interest Litigationbody2026

Judgment text

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Page No.# 1/3 GAHC010117892026 2026:GAU-AS:11591 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/696/2026 MOZIBUR RAHMAN S/O- IDRIS ALI RESIDENCE OF VILLAGE - ADHAKHUNDA P.O. - JURIA P.S. - JURIA DISTRICT - NAGAON ASSAM. VERSUS THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR. ------------ Advocate for : A B T HAQUE Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN O R D E R 14.08.2026 Heard Mr. B. Dutta, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this application, the petitioner, namely, Mozibur Rahman 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 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. 5. It is alleged by the informant that in January 2025, the company conducted a pilot project in Assam, and during the same, they hired a person called Mozibur Rahman, i.e. the petitioner, who was also based from the district of Morigaon. It is further alleged that the services of the petitioner was discontinued in April 2025 due to some irregularities, but the login identification of the petitioner were not removed in the system, and that the said login identification was used for further fraudulent activities. As such, the informant alleged that petitioner is also involved in the offence of transferring money fraudulently from senders to beneficiaries. 6. Learned counsel for the petitioner submits that the petitioner is no way involved in the subsequent offence that had taken place, if at all the same Page No.# 3/3 had occurred, and the only allegation against the petitioner is that his login IDs were used by some third party, the irregularity which cannot be ascribed to the petitioner. 7. It is noticed that the petitioner was enlarged on interim pre-arrest bail by order dated 01.04.2026 by this Court on the condition that he shall appear before the I.O within a stipulated time frame and shall cooperate with the investigation. 8. Mr. K.K Das, learned Additional Public Prosecutor, on perusal of the case diary submits that the petitioner appeared before the Investigating Officer and his statement was recorded. As such, it is seen that the petitioner is cooperating with the investigation and, and accordingly, this Court finds it fit to make the order dated 01/4/2026, by which the petitioner was enlarged on interim pre-arrest bail, be made absolute. 9. The petitioner is as such allowed to remain on pre-arrest bail. 10. Accordingly, anticipatory bail application stands disposed of. JUDGE Comparing Assistant