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2026 DAILYLAW 13661 (GAU)

AKTAR ALI v. THE STATE OF ASSAM

Bail Appln./2393/2026 · 2026-09-02

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010172852026 2026:GAU-AS:12801 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2393/2026 AKTAR ALI S/O-APSAR ALI R/O-VILLAGE-MOIRAJHAR GAON P.S- GOBARDHANA DIST.-BAKSA BTAD ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM ------------ Advocate for : MR. S A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.09.2026 Heard learned counsel for the applicant. Also heard learned Additional Public Prosecutor for the State. Page No.# 2/4 2. This is an application filed under Section 483 of the BNSS, 2023 praying for granting regular bail to the petitioner, who was arrested on 16.07.2026 in connection with Jagiroad P.S. Case No. 163/2026 under Sections 61(2)/318(4)/338/308 of the BNS, r/w Section 66(C) of the IT Act and since then he has been languishing in jail(corresponding with G.R. Case No. 711/2026). 3. The factual matrix as projected in the FIR is that the FIR has been lodged by the informants namely Pradip Kalita president of KRISHAK SRAMIK UNNAYAN SANGRAM SAMITEE, Assam and Hari Prashad Deori Secretary of DEORI PEOPLE'S JUSTICE FORUM situated at Lord Enclave, Lakhiminagar, Hatigaon, Guwahati-38. During their interactions with farmers and villagers under Jagiroad P.S area, they come across that the names and identity cards like PAN Cards, Aadhaar card etc. of some of the innocent villagers and farmers were procured by some persons mention below, in the guise of providing work, job, business etc and used those documents for opening Bank Account without their knowledge. As per information the bank accounts were opened by the accused with some Public Sector Banks by obtaining the franchise of Customer Service Points (CSP). The CSPs thus obtained by the accused were used to open the mule accounts without their knowledge of the persons on whose names the Page No.# 3/4 accounts where opened. Those Bank accounts were used for routing the money derived from illegal activities like Cyber Crime, Cyber fraud, Sextortion, digital arrests etc. This scam they are doing for the last more than 5(five) years. More than 1000 such mule accounts were opened by the accused in the three CSPs together and not less than Rs.200 Crore rupees derived from various crimes were routed through the accounts. As and when the money is deposited in the accounts, they withdraw immediately in cash and further sent the cash through a cash deposit machine to reach the cyber criminal. 4. Upon receiving such information the Officer-in-charge, Jagiroad Police Station registered a Jagiroad P.S. Case No. 163/2026 u/s- 61/318(4)/316(2)/336(3) of BNS, 2023 R/w Section 66 of IT Act and started to investigate the matter. 5. The learned counsel for the petitioners submits that the petitioners reside in a far-away locality, i.e., in Baksa District, and it was not possible for them to commit an offence as alleged, which took place in the Jagiroad area. 6. The learned counsel for the petitioner submits that the petitioner has already spent 49 days in custody, and having regard to the same, further detention of the petitioner is not necessary. Page No.# 4/4 7. The learned Additional Public Prosecutor submits, with reference to the Case Diary, regarding the modus operandi adopted by the accused persons for the commission of the alleged offences. It is submitted that there are sufficient incriminating materials against them, and considering that a huge amount of money amounting to Rs. 200 crores derived from various crimes was routed through the accounts. 8. Having regard to the nature of the allegations, the huge amount involved, as well as the incriminating material available in the Case Diary, the prayer for bail stands rejected at this stage. 9. Send back the Case Diary. JUDGE Comparing Assistant