Page No.# 1/4 GAHC010103032026 2026:GAU-AS:8196 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1420/2026 ROFIQUL HOQUE S/O-SIRAJUL HOQUE,R/O- BAGIDARA No.1,P.O- BAGIDARA,P.S- BIJNI,DIST- CHIRANG, ASSAM,PIN-783391. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLICPROSECUTOR, ASSAM. Advocate for the Petitioner : MR. R ISLAM, MR SAIFUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 10-06-20 26 Heard Mr. R. Islam, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Rofiqul Hoque in connection with Barpeta Road P.S. Case No. 32/2026 under Sections 61(2) Page No.# 2/4 (a)/318(4)/316(2)/336(3) of BNS, 2023 read with Section 66(C)/66(D) of IT Act, 2000 corresponding to G.R. Case No. 362/2026. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Islam, learned counsel that the present petitioner is innocent and he has not committed any such offence, as alleged in the FIR. He is not an FIR named accused, nor anything was seized from his possession by the I.O. 5. He was also arrested subsequent to the arrest of the other co-accused persons of the case, only on the basis of the statements made by the co- accused. However, the petitioner is in custody since last 49 days and thus, the I.O. got sufficient opportunity to interrogate him, keeping him in custody. The other co-accused persons of the case have already been granted bail by a Coordinate Bench of this Court and considering the length of the petitioner, he may be released on bail. 6. Mr. Borthakur, learned APP raised objection and submitted that at the time of search and seizure, the present accused petitioner was not available in the place of occurrence, which is a Call Center and the entire Call Center was running from the house of the present petitioner and his brother. 7. Further he submitted that the modus operandi in this case is that they used to make random calls to different persons offering loan from Bajaj Finance and in that context, they asked the victim to deposit some amount of money for sanctioning of the loan and when the victim deposited the money, they used to disconnect the phone call, thereby misappropriated a huge amount of money through cyber crime. 8. He further submitted that the present petitioner is very much involved in Page No.# 3/4 the alleged offence, on whose guidance basically the cyber crime network was running and that apart he is the person who used to provide the mobile phones etc., to the other accused persons of the case, who was operating the network from the rented premises of the petitioner. 9. He further submitted that the case is still under investigation and some of the culprits are yet to be nabbed in connection with this case. 10. Heard the submissions made by the learned counsel for the parties and I have also perused the case diary and it is seen that some incriminating materials have already been collected by the I.O., against the present petitioner and as per some of the witnesses, the entire racket was running from the house of the present petitioner and his brother. 11. However, it is seen that the petitioner is behind the bar for last 49 days and the case is still under investigation wherein probability of submitting the charge sheet within the statutory period of 60 days is very less, as the case is still under process. So without going into other detail and the merit of the case and only considering the length of detention, this Court is of the opinion that the I.O. got sufficient opportunity to interrogate him, keeping him in custody and accordingly, I find it a fit case to extend the privilege of bail to the petitioner. 12. Accordingly, the accused/petitioner, namely, Rofiqul Hoque, be released on bail in connection with Barpeta Road P.S. Case No. 32/2026 under Sections 61(2)(a)/318(4)/316(2)/336(3) of BNS, 2023 read with Section 66(C)/66(D) of IT Act, 2000 corresponding to G.R. Case No. 362/2026, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Barpeta subject Page No.# 4/4 to the following conditions:- (i) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 13. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in the aforementioned Barpeta Road P.S. Case No. 32/2026 shall stand automatically vacated. 14. With the above observation and direction, this bail application stands disposed of. 15. Return the case diary herewith. JUDGE Comparing Assistant