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2026 DAILYLAW 5393 (GAU)

IMRAN AHMED v. THE STATE OF ASSAM

AB/709/2026 · 2026-04-27

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/4 GAHC010068622026 2026:GAU-AS:5840 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/709/2026 IMRAN AHMED S/O- LATE SARIFUDDIN AHMED, R/O- VILL- MARANJANA, CHEPTI, RANGIA, P.O AND P.S- RANGIA, DIST- KAMRUP RURAL, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28.04.2026 Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Imran Ahmed, has filed this application under Section 482 BNSS, 2023, with prayer for pre-arrest bail, as he is Page No.# 2/4 apprehending arrest, in connection with CID Cyber P.S. Case No. 01/2026, registered under Sections 318(4)/319(2)/336(3)/337/61(2) of BNS, added Section 340(2) BNS, R/W Section 66C/66D of the I.T Act. 3. The FIR reveals that on 16.01.2026, an information was received from the Director (Security), O/O Addl. DGT, Assam LSA, Department of Telecommunications, Govt. of India, regarding the issuance of 61 FMS- suspected mobile numbers by 02(two) Points of Sales (POSs) namely i) Hirak Store and ii) Pankhi Store. 4. An enquiry was thereafter initiated vide CID Cyber Police Station GDE No.6 dated 22.01.2026. 5. Upon enquiry, it was then unearthed that the above-mentioned POS had been issuing more than 150 SIM cards per (both VIL and RJIL), which appears to be suspicious, considering the population and actual demand in the concerned area. Also M/s VIL has forwarded 61 FMS, which were detected due to their heavy usage within a short span of time and had huge volumes of Unique B Party numbers. 61 mobile numbers were issued to female clients during the month of January 2026 issued by same POS and activated using e- KYC process. The activities of these suspected mobile numbers were checked, and it was found that IMEIs has been changed 3-4 times after activation in January 2026. Device model Samsung Galaxy M01Core Smartphone was being used. As per DIP Global search option, all these suspected mobile numbers are reported either under Suspected Mobile Numbers allegedly committing Financial Fraud or CHAKSHU- Suspected Fraud Communications category, as reported. All the mobile numbers were last active in West Bengal LSA in almost the same locality. It was also reported that another 34 FMS-suspected mobile numbers of Page No.# 3/4 VIL were issued by the same POS. 6. It is submitted that the petitioner is not involved with Hirak Store or Pankhi Store, except for the fact that he is the owner of the rented premises of two co-accused, namely, Mostakim Ahmed and Mehdi Alam Jinna. Both the co- accused persons were residing as tenants in the petitioner’s premises. 7. Mr. B. Sharma, learned Additional Public Prosecutor has submitted that the premises of the petitioner were used as operational base for the illegal SIM card racket. 8. The learned Additional Public Prosecutor has raised objection to the bail petition. 9. I have considered the submissions at the Bar with circumspection. 10. I have also considered the submission that the petitioner will cooperate with the remaining part of the investigation. 11. It is submitted that the petitioner is not a flight risk, as he is a local resident. 12. I have scrutinized the case diary. 13. Considering the submission that the petitioner is a local resident and that he will cooperate with the investigation,the petition is allowed.In the event of his arrest,the petitioner namely, Imran Ahmed is to be enlarged on bail of Rs. 30,000/-, with a suitable surety of the like amount to the satisfaction of the Arresting Authority, under the conditions that:- i) the petitioner shall appear before the I.O on every Page No.# 4/4 fortnight, till completion of the investigation; ii) the petitioner shall cooperate with the investigation; iii) the petitioner shall appear before the I.O within 1(one) week from today; and iv) the petitioner shall not leave the jurisdiction of the Court without prior permission. 14. On breach of any of the bail conditions, bail order shall stand cancelled. 15. Send back the Case Diary. 16. Considering the circumstances under which the bail petition has been moved, it is also mentioned that this order may not be used as a precedent for applying for bail of other co-accused in connection with this case. 17. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant