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2026 DAILYLAW 12606 (GAU)

HASIBUR RAHMAN v. THE STATE OF ASSAM

AB/1147/2026 · 2026-08-04

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010117892026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1147/2026 HASIBUR RAHMAN S/O IMDADUR RAHMAN RESIDENT OF DATIALBORI MARIGAON ASSAM PIN- 782126 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM. ------------ Advocate for : MR. AMIT GOYAL Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : --05.08.2026 Heard Mr. P. Jalan, the learned counsel for the petitioner and Mr. R. Kaushik, learned Addl. PP for the State. 2. By this application the petitioner has prayed for bail in connection with Laharighat P.S. Case No. 16/2026, registered under Sections Page No.# 2/3 61(2)/318(4)/336(3)/340(2), BNS, 2023 along with Sections 66(C)/66(D) of the Information Technology Act, 2000. 3. The FIR, in connection with which the petitioner is apprehending arrest was lodged on 09.02.2026, alleging that petitioner and others were involved in Domestic Money Transfer by using Aceware Application wallet in a fraudulent manner. It is also alleged that the petitioner along with others hacked into the online system by means and use several inactive (BC) Accounts and reactivated these accounts to recharge wallet balance without depositing any money in the said accounts and thereafter, they transferred those amounts to 91 beneficiaries. It has been further alleged that the fraudulent activities were going on for 4 to 5 months and that the total money involved in the said scam is more than Rs. Rupees Three crores. 4. It is seen that the petitioner was released on interim pre-arrest bail by order dated 02.06.2026, on the condition that he shall appear before the Investigating Officer within 1 (one) week and co-operate with the investigation. 5. In pursuant to the said interim order, it is seen that the petitioner had appeared before the Investigating Officer and got his statement recorded by the said officer. 6. Mr. R. Kaushik, the learned Addl. PP for the State submits that in fact the statement was recorded on perusal of the Case Diary. 7. In view of the same, this Court therefore, deems it fit that the order dated 02.06.2026, be made absolute. The petitioner, as such, is allowed to remain on pre-arrest bail with the further condition that the petitioner should abide by the Page No.# 3/3 conditions mentioned in the said order dated 02.06.2026 with the further direction that he should appear before the Investigating Officer as and when called for and that he will not influence witnesses connected with the case and also that he will not leave his residence without the permission of the arresting authority. 8. The AB application is disposed off. JUDGE Comparing Assistant