GAHC010106272025

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./1727/2025

MAMUNUR RASHID SON OF EUSUF ALI

VILL HAJI PARA

P.S. HOWLY

DIST. BARPETA, ASSAM

PIN-781316.

VERSUS

THE STATE OF ASSAM

TO BE REP. BY THE PP, ASSAM

Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A AHMED,MR. A M AHMED,B

DAS,MR. I U CHOWDHURY

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date : 05.12.2025

1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr.

B. Sarma, learned Additional Public Prosecutor appearing for the State.

2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Mamunur Rashid, who has been detained behind the bars since 12.09.2022, (for more than three months, three years) in connection with Sessions Case No. 10/2023 arising out of Barpeta P.S. Case No. 763/2022

under Sections 120B/121/121A of IPC read with Sections 17/18/18B/19/20 of the Unlawful Activities (Prevention) Act, 1967 pending before the Court of learned Sessions Judge, Barpeta.

3. The gist of accusation in this case is that, on 28.07.2022,an FIR was lodged before Barpeta Police Station, inter-alia, stating that based on intelligence inputs and local enquiries on certain information that came to light during the investigating of two other Barpeta Police Station Cases, namely, (i) Barpeta P.S. Case No. 268/2022 under Sections 120(B)/121/121(A) IPC read with Sections 17/18/18B/19/20 of the Unlawful Activities (Prevention) Act, 1967 read with Section 12(1)(c) of the Passport Act, 1967 and 14 A(b) of the Foreigners Act, 1946 and (ii) Barpeta P.S. Case No. 419/2022 under Sections 120(B)/121/121A IPC read with Sections 17/18/18B/19/20 of the Unlawful Activities (Prevention) Act, 1967 regarding the existence of a Jehadi (terror) outfit based in Bangladesh and operating in the district of Barpeta, it was learnt that several modules of the banned Ansarullah Bangla Team (ABT) having affiliation to Al-Qaeda in the Indian Subcontinent (AQIS) being active in Barpeta district and that the members/supporters of ABT are indoctrinating and motivating youth/men of Barpeta district to join such Jehadi outfits and work in modules “Ansars” (Sleeper cells) for creating a base for Al-Qaeda and its manifestations in various forms of names and styles in India, all of which are declared terrorist organisations in India as per the provisions of the Unlawful Activities (Prevention) Act, 1967. On examination, it is found that those modules had hatched a criminal conspiracy with other members of ABT along with a group of men/youth of the district for facilitating further training of indoctrinated youth/men for waging Jehad and related terrorist activities in the district where they are working towards advocating, abetting, inciting, assisting, harbouring, recruiting and collecting funds for organizing and committing unlawful and terrorist activities in the name of Jehad.

4. In the said FIR dated 28.07.2022, initially eight such persons involved in the case were named and others were yet to be identified. Said FIR was accordingly registered as Barpeta Police Station Case No. 763/2022 under Sections 120B/121/121-A IPC read with Sections 17/18/18B/19/20 of the Unlawful Activities (Prevention) Act, 1967.

5. During the course of the investigation, many such accused persons of the case were arrested including the petitioner and on completion of the investigation of the case, charge-sheet in said Barpeta P.S. Case No. 763/2022 was submitted on 17.01.2023 against fifteen such arrested persons, including the petitioner. After submission of the charge-sheet on 17.01.2023, said Barpeta P.S. Case No. 763/2022 was re-numbered as Sessions Case No. 10/2023 before the Court of learned Sessions Judge, Barpeta.

6. This is for the second time the petitioner has approached this Court seeking bail. On an earlier occasion, the prayer for bail of the petitioner was rejec