Dismissed¶27

Rahul Brahma v. the State of Assam

Gauhati HC18 Mar 2025Bail Appln./674/2025

Case brief

AI extract

What is this about?

Gauhati High Court bail refusal; Rahul Brahma; Section 483 BNSS 2023; Cyber P.S. Case No. 02/2025; Sections 61(2)/318(4)/336(3)/316(2) BNS 2023; G.R. No. 486/2025; organised online fraud; mule accounts laundering cheated money; helpline 1930 bypassed; accused from Jharkhand, U.P., Assam; kingpins unapprehended; custody since 02.02.2025; bail denied despite 45+ days detention; FIR dated 28.01.2025.

What did the court decide?

On the case-diary materials evidencing an organised crime operated through mule accounts collected on commission to launder cheated money, with accused persons operating across Assam and outside it and the kingpins still to be apprehended, the Court held that the petitioner's detention in custody since 02.02.2025 cannot be considered for grant of bail in Cyber Police Station Case No. 02/2025. ¶26

Rahul Brahma Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

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GAHC010037192025

2025:GAU-AS:2959

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

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Case No. : Bail Appln./674/2025

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RAHUL BRAHMA S/O BIREN BRAHMA R/ONOONMATI, NEW GUWAHATI, LAKHESWAR BARUAH PATH, H/NO. 02, P.S.NOONMATI DIST. KAMRUP (M),ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : A CHOUDHURY, MR. JITEN RABHA,MR N HAQUE

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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19.03.2025

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Heard Mr. A. Choudhury, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State.

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2) The petitioner, namely, Rahul Brahma, son of Biren Brahma, resident of Noonmati, New Guwahati, Lakheswar Baruah Path, House No. 02, Police Station-Noonmati, District-

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Kamrup (Metro) has filed this application under Section 483 BNSS, 2023 seeking his bail in Cyber Police Station Case No. 02/2025 , registered under Sections 61(2)/318(4)/336(3)/316(2) BNS, 2023 corresponding to G.R. No. 486/2025, in which, he was arrested on 02.02.2025 and is in custody since then.

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3) It is submitted on behalf of the petitioner that considering his detention in custody for more than 45 days, he should be considered for his bail in said Cyber P.S. Case No. 02/2025.

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4) Placing the FIR of the case dated 28.01.2025 and the case diary of said Cyber P.S. Case No. 02/2025; Mr. Parashar, learned Additional Public Prosecutor, Assam submitted that it is an organised crime involving the petitioner and other accused persons of the case, who are yet to be arrested.

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5) Mr. Parashar, learned Additional Public Prosecutor, Assam also submitted that the modus-operandi of the accused persons is that by using mule accounts for laundering cheated money and other illegal activities, the accused persons used to collect such mule accounts of the individuals on commission basis and used to operate them by opening the accounts and acquiring ATM cards in the names of various persons by luring them with payment of certain amount. These accounts were operated by the accused persons of the case by defrauding people across the State of Assam and outside the State of Assam. After opening such accounts on depositing money in such accounts, laundering cheated amounts and other illegal activities, the entire amount transferred to these accounts are withdrawn immediately from such bank accounts. Even the helpline No. 1930 failed to reach out and hold these amounts.

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6) The accused persons of the case are from Jharkhand, Assam and other places of the Country, wherefrom they are operating such accounts and defrauding the victims on a large scale.

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7) The case diary placed before the Court also reveals that a big network of people is involved here, who, on commission basis used to collect the full details of these mule accounts, procure documents and on receipt of such commission, used to hand over such account kits and documents, including the ATM cards, to other higher co-associates.

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8) The case diary further reveals that the Kingpins of such organised crime are yet to be apprehended, though some of the accused persons from various places of Guwahati and also from Uttar Pradesh and Jharkhand have been arrested.

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9) The petitioner herein is one of such persons, who on commission basis purchased the mule accounts of the account holders that were used in various illegal activities.

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10) Considering such materials in the case diary, the Court is of the view that the detention of the petitioner in custody since 02.02.2025 cannot be considered for his bail in said Cyber Police Station Case No. 02/2025, registered under Sections 61(2)/318(4)/336(3)/316(2) BNS, 2023 corresponding to G.R. No. 486/2025.

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11) Accordingly, this bail application of the petitioner, namely Rahul Brahma, son of Biren Brahma in said Cyber Police Station Case No. 02/2025 , registered under Sections 61(2)/318(4)/336(3)/316(2) BNS, 2023 corresponding to G.R. No. 486/2025 stands rejected.

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12) Return the case diary herewith.

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JUDGE

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Comparing Assistant

Rahul Brahma v. the State of Assam

Case brief

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What did the court decide?

Rahul Brahma v. the State of Assam

Case brief

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