AB/2030/2026 of AYUB ALI Vs THE STATE OF ASSAM on 6 September 2026

ORDER

Date : 07.09.2026 Heard Mr. A. T. Sarkar, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor appearing for the State of Assam.

2. This is an application under Section 482 of BNSS, 2023 praying for the grant of pre-arrest bail to the petitioner, namely, Ayub Ali, in connection with Howraghat Police Station Case No. 25/2026 registered under Sections 61(2)/318(4)/319(2)/ 336(3)/340(2) of Bharatiya Nyaya Sanhita, 2023 read with Section 66C/66D of IT Act, 2000 and read with Section 42(6) of Telecommunication Act.

3. The brief facts of the case is that one Inspector of police, Howraghat police station namely, Sunthorn Shyam lodged an FIR before the Officer-in-charge of Howraghat Police Station on 09.08.2026 stating inter-alia that the informant from reliable sources came to know that some "Point of Sale" of Howraghat region selling SIM Cards of Reliance Jio suspected to be involved in fraudulent selling of SIM Card which are used in cyber crime activities. Taking into account the same, initial enquiry was conducted by the Deputy Superintendent of Police namely, Sajidur Islam and found one such point of sale belonging to one Manoj Chanda who has sold more than 100 SIM Card in the recent past to customers belonging to Laharighat and Moirabari area under Morigaon as well as Nagaon district with the assistance of Injamul Hoque who works with Reliance Jio and one Aayub Ali who used duplicate Biometric of Manoj Chanda to access Point of Sale (hereinafter called as POS) portal to activate new SIM Cards and coincidently these SIM cards are already reported to be involved in Cyber Crime/ Financial Fraud.

4. Case Diary as called for has been received.

5. The learned counsel for the petitioner submits that the petitioner is manly an employee of the arrested accused, Manoj Chanda, who is a proprietor of the Point of Sale from the sim cards were issued.

6. The learned Addl. P.P with reference to the Case Diary has submitted that the there is sufficient incriminating materials available against the present petitioner, who is stated to have prepared duplicate artificial biometric fingerprints for the purpose of issuing sim cards, which are subsequently used for commission of cyber crime activities.

7. It is further submitted that the matter is being in being investigated by an Additional S.P conserving the gravity and complexity of the offence and the investigation is still at the nascent stage and the custodial interrogation of the petitioner is very much necessary for the purpose of investigation.

8. Having regard to the submissions made above, I am of the view that this is not a fit case for granting pre-arrest bail to the petitioner. Accordingly, the prayer for grant of pre-arrest bail to the petitioner is rejected at this stage.

9. Accordingly this Anticipatory Bail petition stands disposed of.

10. Send back the case diary. JUDGE Comparing Assistant