Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010207072026
2026:GAU-AS:14119
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2898/2026 ISLAMUDDIN AHMED SON OF LATE FOJOR ALI RESIDENT OF 1 NO. BHELKOR, POLICE STATION- HAJO, DISTRICT- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 23.09.2026 Heard Mr R Konwar, 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. 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
Page No.# 2/3 Nessa, on 26.07.2026, stating, inter alia, that accused persons named therein had collected various cards from the informant as well as other villagers with the promise that the accused persons will get their names enrolled in Government Scheme and that money will be deposited in their bank accounts. It was further alleged that when their money was not deposited in their bank account, they enquired and they found out that by using their documents, fraudulent bank accounts were opened and transactions of huge amounts of money were done, resulting in cyber fraud. 4. The learned counsel for the petitioner submits that the petitioner was not named in the FIR and that during investigation and on interrogation of the other co-accused, i.e., the accused person named in the FIR, the name of the petitioner surfaced. He, however, submits that the petitioner has a point of sale outlet and he issues sims to his customers and get the same activated through the various service providers. Therefore, as such, he submits that he has no connection whatsoever with the 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 other accused persons have led to the identification of the petitioner and it is also seen from the Case Diary that the petitioner had given hundreds of sim cards to the accused persons under false pretexts of a Government Scheme, corroborating his active and known participation in the conspiracy. He further submits that the bank account of the petitioner was also seen and number of suspicious transactions were noticed showing his involvement in the cyber crime activities. 6. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that the petitioner was arrested and his interrogation was also done and that his name surfaced only through statement of the co-accused, 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:-
Page No.# 3/3 i) the petitioner shall appear before the Investigating Officer or the concerned Court, as and when called for, and will cooperate with the investigation in the strictest sense of the term. 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