Gauhati High Court
Bail Appln./2795/2026 of AJAHARUL ISLAM AND ANR Vs THE STATE OF ASSAM on 16 September 2026
GAHC010202772026 2026:GAU-AS:13814 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2795/2026 AJAHARUL ISLAM AND ANR S/O ISMAIL HUSSAIN, R/O VILL - SANTIPUR GARAIMARI, WARD NO. 05, P.S.- LAHARIGHAT, DISTRICT MORIGAON, ASSAM 2: AZAHARUL
GAHC010202772026
2026:GAU-AS:13814
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2795/2026
AJAHARUL ISLAM AND ANR
S/O ISMAIL HUSSAIN, R/O VILL - SANTIPUR GARAIMARI, WARD NO. 05, P.S.- LAHARIGHAT, DISTRICT MORIGAON, ASSAM
2: AZAHARUL ISLAM
S/O SUKUR ALI R/O TULSHIBORI
WARD NO. 02
P.S. LAHARIGHAT
DISTRICT MORIGAON
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MR. C SHARMA
Advocate for the Respondent : PP, ASSAM, B E F O R E
HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
17.09.2026 Heard Mr. S K Poddar, learned counsel appearing for the petitioner. Also heard the learned Addl. Public Prosecutor for the State.
2. This is an application filed under Section 483 of the BNSS, 2023, praying for the grant of bail to the petitioners, namely, Ajaharul Islam and Azaharul Islam, in connection with Moibari P.S Case No. 82/2026 under Section 61(2)/319(2)/318(4)/336(3)/340(2)/95/3(5) of the BNS, 2023, read with Section 66(C)/66(D) of the Information and Technology Act.
3. The petitioners were arrested on 01.08.2026 and since then they have been under custody.
4. The learned counsel for the petitioners submits that allegations relating to cyber crimes have been made in the FIR dated 30.07.2026, however, the petitioners herein are not among of the ten named accused persons and they were arrested during investigation soon after the FIR. It is also contended that the petitioners are not involved in the alleged offences and that they have also been implicated due to some political rivalries.
5. The earlier bail application in respect of the present petitioner was rejected vide order dated 02.09.2026 in Bail Appln. 2400/2026.
6. Upon perusal of the CD, it appears that incriminating material is available therein. However, the petitioner has spent 48 days in custody.
7. Having regard to the above, the prayer for bail is allowed on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties of the like amount, subject to the satisfaction of the learned CJM, Morigaon, Assam.
8. It is provided herein that the petitioners shall appear before the learned trial Court on each date fixed in the case and shall not tamper with the evidence or influence any witness.
9. The bail petition stands disposed of as allowed.
JUDGE Comparing Assistant