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2026 DAILYLAW 9328 (GAU)

RABBUL AL AMIN v. THE STATE OF ASSAM

Bail Appln./1905/2026 · 2026-07-13

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010142152026 2026:GAU-AS:9552 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1905/2026 RABBUL AL AMIN S/O - JAHURUL ALIAS JOHURUL ALIAS JOHIRUL ISLAM R/O - KHELLY, P.S. - KALGACHIA, DISTRICT -BARPETA, ASSAM VERSUS THE STATE OF ASSAM , REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : S K PODDAR, MS. N PODDAR,MR. C SHARMA,MR. R GHOSH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 14.07.2026 Heard Mr. S.K. Poddar, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Rabbul Al Amin, who is stated to have been in custody since 22.05.2026, has prayed for bail in connection with Kalgachia P.S Case No. 50/2026 under Sections 61(2)/318(4)/319(2)/316(2)/3(5) of BNS. 3. The allegation against the petitioner is that he is involved in a nexus of cyber crime activities around Rampur area along with his associates. Acting upon the said information, a police team of Barbhita O.P lead by O.C Kalgachia PS and police staff conducted a raid and search operation at Khelly village and the petitioner was apprehended. On being led by the petitioner, the police team proceed to his shop located at Rampur Bazar and recovered several SIM cards, which have been mentioned in the FIR. 4. The learned Additional Public Prosecutor has raised serious objection stating that the petitioner is involved in a serious offence of cyber crime. 5. Per contra, the learned counsel for the petitioner has submitted that he is not booked under any offence alleging cyber crime. It is submitted that the petitioner has a trade license and he has a business dealing with SIM cards. Page No.# 3/4 6. Annexure- 5 and Annexure-6 are the trade license and registration certificates. Annexure-7 is the Income Tax return. 7. I have considered the submissions at the Bar with circumspection. 8. I have considered that the petitioner has been behind Bars for 52 days. It appears that investigation may have presumably progressed to some extent. It also appears that custodial detention may not be required for progress of investigation. 9. It is also submitted that the petitioner is not a flight risk, as he is a local resident. The petitioner is willing to abide by any stringent bail conditions, if imposed upon him. 10. Considering the entire aspect of the matter, the above-named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Elaka Magistrate with following conditions: (i) the petitioner shall appear before the I.O on every fortnight, till completion of investigation; (ii) the petitioner shall refrain from such activities with which he is alleged; (iii) the petitioner shall not tamper with the evidence and shall not exercise threats to the witnesses or try to influence them; Page No.# 4/4 11. On breach of any of the bail conditions, bail order shall stand cancelled. 12. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant