MOLLAH JAKIR HUSSAIN AND ANR v. THE STATE OF ASSAM
Bail Appln./1757/2026 · 2026-07-12
Anjan Moni Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9355 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9355 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010132322026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1757/2026 MOLLAH JAKIR HUSSAIN AND ANR S/O SOMESH UDDIN RESIDENT OF VILLAGE NO. 3 DAKHIN RANGAPANI, P.S. BOKO, DISTRICT KAMRUP, ASSAM. 2: MARTINUL HOQUE S/O AMINUL HAQUE VILL- NO. 2 DAKHIN RANGAPANI P.S. BOKO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD S HOQUE, MR. A DEKA,MR S H SIKDAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13.07.2026
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Heard Mr. S.H. Sikdar, learned counsel for the accused applicants. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State. 2. This is an application filed under Section 483 of the BNSS, 2023 praying for grant of bail to the accused persons namely 1. Mollah Jakir Hussain and 2. Martinul Hoque in connection Boko P.S. Case No.175/2026 registered under Sections 61(2) (a)/318(4)/336(3)/338 of BNS read with Sections 66(c)/66(D). 3. Facts of the case in brief are that on 19.06.2026, an FIR was lodged by S.I. Sri Hirokhyoti Mudoi, at Boko Police Station, stating therein that on 19/06/2023, at about 1:20 am, an information was received that one Mollah Jakir Hussain, Village No.3 Dakhin Rangapani, P.S. Boko, District Kamrup, along with his associates have been involved in cyber-related fraudulent activities for a long time. Accordingly, a raid was conducted in his house and substantial incriminating materials were recovered from his possession. 4. It is seen that during the preliminary enquiry, multiple G-mail accounts operating under different names and identities were found in the mobile phone of the accused persons. The accused persons failed to provide satisfactory explanation regarding the ownership and purpose of those accounts. In addition to the aforesaid, several bank accounts, cheque books, and other documents pertaining to different banks were also found from the possession of the accused persons. 5. It is further alleged that the accused persons by using an application, namely “Gold Go”, have been transacting, virtual coin transactions, USDT deposits, earnings, reward etc. It was also found that substantial balance was reflected in the name of the accused applicants. However, they could not provide any satisfactory explanation to the aforesaid sources of funds. 6.
Based on the aforesaid FIR, Boko P.S. Case No. 175/2026 under the aforementioned sections, was registered by the police. 7. The learned counsel for the accused applicants submits that the accused persons were
Page No.# 3/4 arrested by the police only on the basis of doubt and police could not identify any victim of the alleged offence committed by the accused applicants till date. He submits that the accused applicants have been arrested on 19/06/2026 and till date they are behind the bars. He submits that accused applicant No.1 is operating a common service center for facilitating various financial transactions of the villagers and the accused No.2 is assisting him in his common service centre. He submits that the accused applicant No.1 has a trade license and he has been operating the aforesaid common service centre. He further submits that the co-accused in the instant case has already been granted bail by the learned Additional Sessions Judge, Kamrup(Amingaon) after perusal of the case diary. In view of the aforesaid, he submits that the accused applicants should be granted bail at this stage. 8. Mr. B. Sarma, learned Additional Public Prosecutor opposes the prayer for bail of the accused applicant. He submits that there are sufficient incriminating materials against the accused applicants regarding various cyber frauds committed by the accused applicants and the accused applicants have been doing transactions beyond their resources. He submits that during the investigation, it was revealed that documents relating to current account maintained in the name of “Milan Enterprise” were recovered from the possession of the accused applicants. However, the accused applicants could not produce any business records, GST trade licence and other supporting documents regarding the aforesaid Milan Enterprise. He submits that the documents of Milan Enterprise have been used by the accused applicants for possible unlawful business transactions and therefore, he submits that at this stage, since the investigation is still going on, the accused applicants should not be granted bail. 9.
This Court has heard the submissions made by the learned counsel appearing for the accused applicants and has also perused the case diary that has been produced before this Court. Taking into consideration of the fact that certain documents relating to various bank accounts in several banks as well as amounts in the accounts of the accused applicant, the sources of which could not be properly explained by the accused applicant and the
Page No.# 4/4 investigation in the matter is still going on, this Court does not find any merit in the instant case and therefore, the instant bail application stands rejected. JUDGE Comparing Assistant