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2026 DAILYLAW 13779 (GAU)

INJAMUL HOQUE v. THE STATE OF ASSAM

Bail Appln./2455/2026 · 2026-09-06

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010179292026 2026:GAU-AS:12909 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2455/2026 INJAMUL HOQUE S/O UMOR ALI RESIDENT OF VILLAGE DURABANDI GAON P.S. MOIRABARI DISTRICT MORIGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. A T SARKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 07.09.2026 Heard Mr. A. T. Sarkar, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioner, namely, Injamul Hoque has prayed for releasing him on bail after he was arrested on 09.08.2026 in connection with Howraghat Police Station Case No. 25/2026 registered under Sections 61(2)/318(4)/319(2)/ 336(3)/340(2) of Bharatiya Nyaya Sanhita, 2023 read with Section 66C/66D of IT Act, 2000 and read with Section 42(6) of Telecommunication Act. 3. The brief facts of the case is that one Inspector of police, Howraghat police station namely, Sunthorn Shyam lodged an FIR before the Officer-in-charge of Howraghat Police Station on 09.08.2026 stating inter-alia that the informant from reliable sources came to know that some "Point of Sale" of Howraghat region selling SIM Cards of Reliance Jio suspected to be involved in fraudulent selling of SIM Card which are used in cyber crime activities. Taking into account the same, initial enquiry was conducted by the Deputy Superintendent of Police namely, Sajidur Islam and found one such point of sale belonging to one Manoj Chanda who has sold more than 100 SIM Card in the recent past to customers belonging to Laharighat and Moirabari area under Morigaon as well as Nagaon district with the assistance of Injamul Hoque who works with Reliance Jio and one Aayub Ali who used duplicate Biometric of Manoj Chanda to access Point of Sale (hereinafter called as POS) portal to activate new SIM Cards and coincidently these SIM cards are already reported to be involved in Cyber Crime/ Financial Fraud. 4. Case Diary as called for has been received. 5. The learned counsel for the petitioner submits that the present petitioner is only alleged to have introduced one other accused to the owner of the Point of Sale and is not involved in any Cyber Crime/ Financial Fraud. Further having Page No.# 3/3 regard to the period of detention of about 29 days in custody, he may be released on bail. 6. The learned Addl. P.P with reference to the Case Diary has submitted that the matter is being investigated by an Additional S.P considering the gravity and complexity of the offence of cyber crime and the necessity of keeping the petitioner in custody is very much present as the investigation is at a nascent stage and further custodial interrogation of the petitioner may be necessary and there is sufficient incriminating materials available against the petitioner. 7. Having regard to the submissions made above, I am of the view that this is not a fit case for granting bail to the petitioner. Accordingly, the prayer for grant of bail to the petitioner is rejected at this stage. 8. Accordingly this Bail application stands disposed of. 9. Send back the case diary. JUDGE Comparing Assistant