Gauhati High Court
Bail Appln./2400/2026 of AJAHARUL ISLAM AND 5 ORS. Vs THE STATE OF ASSAM on 1 September 2026
GAHC010178042026 2026:GAU-AS:12989 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2400/2026 AJAHARUL ISLAM AND 5 ORS. S/O ISMAIL HUSSAIN, R/O VILL - SANTIPUR GARAIMARI, WARD NO. 05, P.S.- LAHARIGHAT, DISTRICT MORIGAON, ASSAM. 2: MD
GAHC010178042026
2026:GAU-AS:12989
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2400/2026
AJAHARUL ISLAM AND 5 ORS.
S/O ISMAIL HUSSAIN, R/O VILL - SANTIPUR GARAIMARI, WARD NO. 05, P.S.- LAHARIGHAT, DISTRICT MORIGAON, ASSAM.
2: MD HAFIZ UDDIN
S/O - LATE ABUBAKKAR SIDDIQUE
R/O VILL - BHUYABARIPAM
WARD NO. 05 P.S. LAHARIGHAT
DISTRICT MORIGAON
ASSAM
3: MD JIARUL ISLAM
S/O MD. SAIFUL ISLAM
R/O VILL - BHUYABARI PATHAR
WARD NO. 04
P.S. LAHARIGHAT
DISTRICT MORIGAON
ASSAM.
4: AZAHARUL ISLAM
S/O SUKUR ALI
R/O TULSHIBORI
WARD NO. 02
P.S. LAHARIGHAT
DISTRICT MORIGAON
ASSAM.
5: JAYDUL ISLAM
S/O ABDUL KADIR
6: MAHIBUL ISLAM
S/O ABUL KALAM
BOTH ARE R/O VILL - BORBORI
WARD NO. 05
P.S. LAHARIGHAT
DISTRICT MORIGAON
ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : S K PODDAR, R MANDAL,MR. R GHOSH,MS. N PODDAR,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
02.09.2026
Heard Mr. S.K. Poddar and Ms. N.B. Choudhury, learned counsel for the petitioner(s). Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
2. By this petition under Section 483 of the BNSS, 2023 has been filed the petitioner(s), seeking regular bail in connection with Moirabari P.S. Case No. 82/2026.
3. The petitioners were arrested on 01.08.2026 and since then they have been under trial detention.
4. The learned counsel for the petitioners submits that allegations about cyber crimes have been made in the FIR dated 30.07.2026 however, the petitioner(s) herein are not one of the ten named accused persons and they were arrested during investigation soon after the FIR. It is also contended that the petitioners(s) are not involved in the alleged offences and that they have also been prosecuted due to some political rivalries.
5. The order submitted with reference to the said list that all the articles that were seized by the police from the petitioners are legitimate articles belonging to the petitioner's like cell phone, bank passbook, check book, Aadhar card, etc.
6. The learned Additional Public Prosecutor opposes the bail and submits that investigation has revealed the involvement of a wide racket, in the nature of organized crime committing cyber offenses pertaining to various customers of banks, etc. It has also been revealed that several Customer Service Points (CSP) of Banks and financial institutions have been misused in commission of the alleged offences. It is submitted that a large quantity of incriminating materials in the nature of scanners, large number of debit cards of various banks, passbooks, POS machines, QR scanners etc.
7. The case diary as called for has been received and perusal of the same reveals sufficient incriminating materials against the petitioners.
8. Considering the above and the gravity of the offense which is severely affecting unsuspecting citizens, it would not be proper to release the petitioners on bail at this stage.
9. Consequently, the prayer for bail stands rejected. JUDGE Comparing Assistant