Two petitioners sought pre-arrest bail under Section 483 BNSS in Mankachar P.S. Case No. 01/2025 concerning illegal cross-border movement of Bangladeshi nationals. The case diary showed they collected money for facilitating crossings. The court found incriminating materials and rejected the application.
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GAHC010033892025
2025:GAU-AS:3059
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/376/2025
CHAND MIAH S/O- ASUR UDDIN, R/O- VILL- JORDANGA PT II, PS MANCACHAR, DISTSOUTH SALMARA MANCACHAR, ASSAM, PIN- 783131
2: ABDUL SAMAD ALIAS GELLA MIAH S/O KAJULLAH SHEIKH
R/O- VILL- JORDANGA PT II PS MANCACHAR DIST- SOUTH SALMARA MANCACHAR ASSAM PIN- 78313
VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
20.03.2025
Heard Mr. A. Z. Ahmed, learned counsel for the petitioners and Mr. K. K. Parashar,
learned Additional Public Prosecutor, Assam for the State.
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2) Apprehending their arrest, the petitioners, namely, (i) Chand Miah, son of Asur Uddin and (ii) Abdul Samad @ Gella Miah , son of Kajullah Sheikh, both residents of villageJordanga Pt-II, Police Station-Mankachar, District-South Salmara, Mankachar have filed this application under Section 483 BNSS, 2023 seeking their pre-arrest bail in Mankachar Police Station Case No. 01/2025 , registered under Sections 61(2)/147/196(1) (b)/294/318(4)/363(3)/340(2) BNS, 2023 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, corresponding to G.R. No. 06/2025.
3) As per the FIR dated 05.01.2025 lodged before the Mankachar Police Station, the case is that during the course of enquiry of Mankachar P.S. G.D.E. Nos. 25 and 26 dated 23.12.2024, it was found that the accused persons of the case are involved in the illegal business of infiltrating of crossing of Bangladeshi nationals to India as well as such Bangladeshi nationals from India to Bangladesh, without having any valid travel and other relevant documents. On the night of 23.12.2024, 16 (sixteen) Nos. of Bangladeshi nationals were detected from the border area at Jordanga Pt-II (Kuchnimara) and out of those, some were found in the house of one of the accused of the case, namely, Abdul Hasinur @ Hasinur Islam, who brought them from Bengaluru, Karnataka, along with others to facilitate them to cross-over to Bangladesh from Indian side through a culvert under the border fencing or by cutting the fencing in the border. For such purpose, said accused Abdul Hasinur @ Hasinur Islam and other accused persons of the case collected Rs. 20,000/- from each of such Bangladeshi nationals. All those detected Bangladeshi nationals were handed over to 145 Battalion of Border Security Force, Mankachar, who were pushed back to Bangladesh.
4) Pursuant to said Mankachar P.S. G.D.E. No. 24 dated 04.01.2025, accused Abdul Hasinur @ Hasinur Islam was apprehended and when his house was searched in presence of witnesses, Bangladeshi national currencies amounting to a total of Rs. 2320/- of various denominations were recovered from his possession that were accordingly seized by the Police by preparing a seizure list.
5) The source information reveals that the accused Abdul Hasinur @ Hasinur Islam, along with the other accused persons of the case are facilitating the illegal entry of Bangladeshi
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nationals to India, without valid documents like passport, Visa and other related travel documents and used to prepare forged documents like I.D. Cards etc. to show such Bangladeshi nationals passed over to India as Indian citizens, which is a part of the well organised crime and network of using such Bangladeshi nationals for anti-Indian activities. The FIR also discloses that majority of such Bangladeshi nationals who had illegally entered into India or part thereof are involved in various Islamist terror groups having roots in India and abroad, getting financial help/ support/assistance from Bangladesh and other places. As per the confidential information received, the concerned Investigating Officer of said Mankachar P.S. Case No. 01/2025 indicated that there is a big nexus relating to the business of bringing such Bangladeshi nationals to India in illegal manner for ulterior motives, having the possibility of causing internal disturbance, thereby threatening the unity, integrity and sovereignty of the Country.
6) Said FIR of the case was accordingly registered as Mankachar Police Station Case No. 01/2025 under Sections 61(2)/147/196(1)(b)/ 294/318(4)/363(3)/340(2) BNS, 2023 read with Section 14 of the Foreigners Act, 1945 read with Section 13 of the Foreign Exchange Management Act, 1999 read with Section 3 of the Passport (Entry into India) Act, 1920, corresponding to G.R. No. 06/2025.
7) Perused the case diary placed before the Court today by Mr. Parashar, learned Additional Public Prosecutor, Assam.
8) Case diary reveals that the petitioners, along with the other accused persons of the case used to bring several Bangladeshi nationals illegally residing in different parts of the Country, including Bangalore and other parts; helping them to cross over from India to Bangladesh by taking money from them. For such purpose, both the petitioners took Rs. 25,000/- from each of such Bangladeshi nationals for their crossing back to Bangladesh, who were in India without any valid documents.
9) Case diary also reveals that the petitioners promised to share the money collected by them with the other accused persons of the case, which the petitioners earned by helping them to infiltrate those Bangladeshi nationals back to Bangladesh.
10) Case diary further reveals that the petitioners are the main culprits who brought all
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these Bangladeshi nationals from Bangalore and other parts of South India through Guwahati to Mankachar for infiltrating Bangladeshi nationals from Bangladesh to India and from India to Bangladesh.
11) Considering such incriminating materials in the case diary, the Court is of the view that the petitioners are not entitled for their pre-arrest bail in said said Mankachar P.S. Case No. 01/2025 .
12) Accordingly this pre-arrest bail application of the petitioners, namely, (i) Chand Miah, son of Asur Uddin and (ii) Abdul Samad @ Gella Miah , son of Kajullah Sheikh in said Mankachar P.S. Case No. 01/2025 , registered under Sections 61(2)/147/196(1)(b)/ 294/318(4)/363(3)/340(2) BNS, 2023 read with Section 14 of the Foreigners Act, 1945 read with Section 13 of the Foreign Exchange Management Act, 1999 read with Section 3 of the Passport (Entry into India) Act, 1920, corresponding to G.R. No. 06/2025 stands rejected .
13) Return the case diary herewith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners apprehending arrest in an illegal infiltration racket case are entitled to pre-arrest bail under Section 483 BNSS.
5 provisions across 5 enactments
Chand Miah
Abdul Samad alias Gella Miah
State of Assam rep by the PP, Assam
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
