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2026 DAILYLAW 8560 (GAU)

ASFAKUL SHEIKH v. THE STATE OF ASSAM

Bail Appln./1471/2026 · 2026-06-18

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010111882026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1471/2026 ASFAKUL SHEIKH SON OF JULHAS SHEIKH, RESIDENT OF MORAN HATKHULA GAON, P.S.- MORAN, P.O. MORAN, PIN 785670, DIST. DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. R B GOHAIN, RAJNI SINGH,G S DEKABORUAH,M DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19 .06. 2026 Heard Ms. M. Deka, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent. 2. This bail application has been filed by the petitioner namely, Asfakul Sheikh under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Geetanagar P.S. Case No. 94/2025 under Sections 61(2)/ 316(2), 316(5)/ 318(2), 319(2) and 338 of the BNS, 2023. Page No.# 2/3 3. Case diary is received and perused. 4. The summary of the prosecution case is that the informant had good relationship with one Sri Jiban Tanti who informed that he has been selected as E.C. in the office of the Oil India Ltd. alongwith his friend Dr. Rajib Kumar Mahato and they were in a position to award contracts for hiring of vehicles and acting on the said representation, the petitioner paid an amount of Rs. 4,00,000/ and thereafter another amount of Rs. 2,70,000/- in the account of one Assam Online. Subsequently, also for the purpose of getting the contract he paid another amount of Rs. 3,90,700/- to Dr. Rajib Kumar Mahato. In this manner, a large amount of money was extracted from the informant by the above named persons, but the informant did not get any benefit therefrom. 5. The learned counsel appearing for the accused Asfakul Sheikh submitted that Asfakul Sheikh is the owner of the CSC (Common Service Centre), situated at Moran, Dibrugarh and he has obtained license from the Ministry of Electronics and Information Technology, Govt. of India and also acquired certificate of soliciting insurance business as a VLE insurance issued by the CSC e- Governance Service India Limited and also obtained a certificate of authorization for PAN service. It is submitted that the accused person is authorized for doing various types of business including money transaction, applying government scheme, PAN service, insurance etc. It is submitted that accused Rajiv Kumar Mahato had used service of CSC Centre and he has no knowledge about any incident as alleged in the FIR. It is submitted that the accused person has been falsely implicated in this case and prays to allow him to go on bail. 6. Upon perusal of the case record, the learned Addl. P.P. submits that the present petitioner allowed his CSC account situated at Moran to be used by the other accused person to receive money and approximately around Rs. Page No.# 3/3 1,00,00,000/-has been deposited from CSC account of the petitioner which was later on transferred to Rajiv Kumar Mahato, since deceased. 7. Having regard to the fact that the petitioner prima facie did not have any direct role as far as the deception of the informant is concerned and also having regard to the fact that the police have sufficient opportunity to interrogate the petitioner as well as the period of 46 days in custody, the prayer for bail is allowed. 8. Accordingly, the petitioner be released on bail on furnishing a bond of Rs. 1,00,000/- (Rupees one lakh only) with two sureties of the like amount to the satisfaction of the learned Eleka Magistrate in connection with the aforementioned case. 9. The direction for bail is further subject to the following conditions that: (1) the petitioner shall appear before the trial court regularly and he shall cooperate with the investigation; (2) the petitioner shall not try to influence or intimidate any person or the remaining witnesses, in any manner. 10. In terms of the above, this bail application stands disposed of. 11. Return the case diary. JUDGE Comparing Assistant