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2026 DAILYLAW 15029 (GAU)

SELIM AKHTAR ALI AHMED ALIAS SELIM ALI AHMED, v. THE STATE OF ASSAM

Bail Appln./2849/2026 · 2026-09-22

Shamima Jahan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010205352026 2026:GAU-AS:14117 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2849/2026 SELIM AKHTAR ALI AHMED ALIAS SELIM ALI AHMED, S/O- LT. OSMAN GONI,R/O- NO.1 BHELKOR,P.S.- HAJO,DIST KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 23.09.2026 Heard Mr S M Abdullah P, learned counsel for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application filed under Section 483 of the BNSS, 2023, the petitioner has prayed for bail in connection with Hajo PS Case No. 370/2026, registered under Sections 316(2)/336(3)/342/3(5) of the BNS, 2023. Page No.# 2/3 3. The First Information Report in connection with which the petitioner was arrested and put behind the bars since 28.08.2026, was lodged by the informant, namely, Samiran Nessa, on 26.07.2026, stating, inter alia, that three numbers of accused persons named in the said FIR had come to her house and collected her documents with the promise that they will give her the benefits of Government Scheme. The informant also stated that One Time Passwords (OTPs) were collected from her and that on finding that no money was deposited in their bank accounts, she got suspicious and on enquiry, she came to know that the accused persons gave her false promises and fraudulent bank accounts were opened in her name and money was being transacted through their accounts. 4. The learned counsel for the petitioner submits that the petitioner is not named as accused person in the FIR, but during investigation and on interrogation of the co- accused, the name of the petitioner surfaced, but the petitioner is not connected whatsoever with the offence. He submits that the only allegation against the petitioner is that he had issued sim-cards to the accused persons and that multiple sim connections were also given by the petitioner to one Akhtar Hussain and two others. He submits that the petitioner has a POS outlet, namely, Munni Stores and he has sold those sim cards to the persons, who had come, without knowing as to whether the petitioners were involved with the said offence. 5. On the other hand, Mr B Sarma, learned Additional Public Prosecutor for the State, on perusal of the Case Diary, submits that the statement of the co-accused showed the involvement of the petitioner in the offence and the petitioner, before issuing multiple sim connections to the accused persons, should have investigated into the same and should not have issued. He also submits that the co-accused have submitted that the petitioner has taken money with regard to the same. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that no allegations to the effect that the petitioner had taken money from the accused persons more than what was required through sale and that the petitioner is Page No.# 3/3 involved with the said cyber fraud activities apart from the accused statements, this Court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs. 20,000/-, with one local surety of the like amount to the satisfaction of the learned JMFC, Hajo, under the following conditions:- i) the petitioner shall appear before the Investigating Officer or the concerned Court, as and when called for. ii) the petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and iii) the petitioner shall not leave his residence without prior permission of the Investigating Officer/concerned Court. 7. It is, however, made clear that on violation of the conditions mentioned above, the bail granted to the petitioner shall automatically stand cancelled. 8. Bail Application stands disposed of. JUDGE Comparing Assistant