THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. M U MONDAL, MR K ISLAM,MD. I H KHAN,MS. N NASRIN,MR A ALIM SK Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

27.08.2025 ORDER Heard Mr. M.U. Mondal, learned counsel for the petitioners. Also heard D.P. Goswami, learned Add. Public Prosecutor for the State respondent.

#2. By this application, the petitioners have prayed for pre-arrest bail in connection with Mankachar Police Station Case No. 01/2025 registered under Section 61(2)/147/196(1)(b)/ 294/318(4)/336(3)/340(2) of BNS read with Section 14 of the Foreigners Act, 1946, read with Section 13 of the Foreign Exchange Management Act, 1999 read with Section 3 of the Passport (Entry into India) Act, 1920.

#3. The FIR dated 05.01.2025 lodged by the Inspector of the Mankachar Police Station reveals that one Sh. Hasinur Islam was found to be involved in the illegal business of crossing Bangladeshi Nationals to India and vice versa without any valid documents and on a search being conducted, 60 numbers of the Bangladeshi Nationals were detected in the border area, who were brought from various States of the country with a view to crossing them to Bangladesh through the culvert and they were found in his house and during the said search, money was also recovered from the house of said Sh. Hasinur Islam.

#4. It was also stated in the FIR that the majority of Bangladeshi Nationals, who were made to enter the country become part of some terror groups and the same has the effect of threatening the unity, integrity and sovereignty of the country. Sh. Hasinur Islam was alleged to have prepared fake ID in relation to the present offence. It is thereafter stated in the FIR that upon interrogation of Page No.# 3/3 said Sh. Hasinur Islam, the petitioner’s name surfaced.

#5. Mr. M.U. Mondal, learned counsel for the petitioners submits that the main offender in the said offence as mentioned in the FIR is Sh. Hasinur Islam and nothing was stated against the petitioners except for the fact that they were named by Sh. Hasinur Islam and that the facts narrated in the FIR are only allegations.

#6. Mr. D.P. Goswami, learned Add. Public Prosecutor for the State respondent submits on perusal of the scanned copy that there is an entire gang which is involved in the said offence and the petitioners are amongst them.

#7. I have heard the learned counsels for the parties and have gone through the records.

#8. The allegations made in the FIR is very serious in nature and although Sh. Hasinur Islam is said to have been actively involved in the said offence, but in his statement, said Sh. Hasinur Islam has named both the petitioners to be involved in the offence alongwith him.

#9. It is also seen that Charge-sheet in the instant case has been submitted and the cognizance was also taken by the concerned Court and summons were issued to the petitioners.

#10. In view of the same, this Court does not deem it fit to release the petitioners on interim pre-arrest bail.

#11. As such, the Anticipatory Bail application stands dismissed. JUDGE Comparing Assistant