Imdadul Hoque Sarkar Alias Emdadul Hoque Sarkar vs The State Of Assam

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GAHC010028682026
GAHC010028682026

2026:GAU-AS:2774

2026:GAU-AS:2774
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./458/2026
Case No. : Bail Appln./458/2026
IMDADUL HOQUE SARKAR ALIAS EMDADUL HOQUE SARKAR
S/O- LT. ALAUDDIN SARKARR/O- GAURIPUR,WARD NO.-6, P.S.-
GAURIPUR,DIST- DHUBRI, ASSAM
IMDADUL HOQUE SARKAR ALIAS EMDADUL HOQUE SARKAR
S/O- LT. ALAUDDIN SARKARR/O- GAURIPUR,WARD NO.-6, P.S.-
GAURIPUR,DIST- DHUBRI, ASSAM
VERSUS
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH
Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH
Advocate for the Respondent : PP, ASSAM,
Advocate for the Respondent : PP, ASSAM,


BEFORE
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
BEFORE
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
JUDGMENT & ORDER
JUDGMENT & ORDER
Date of Hearing : 20.02.2026
Date of Judgment: 24.02.2026

Date of Hearing : 20.02.2026
Date of Judgment: 24.02.2026

Heard Mr. M. A. Sheikh, learned counsel appearing for the accused
Heard Mr. M. A. Sheikh, learned counsel appearing for the accused
applicant and Mr. R. J. Baruah, learned Additional Public Prosecutors for the
applicant and Mr. R. J. Baruah, learned Additional Public Prosecutors for the
State.
State.
2 . This is an application under Section 483 of the BNSS, 2023 praying for
2 . This is an application under Section 483 of the BNSS, 2023 praying for

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granting bail to the accused applicant namely, Imdadul Hoque Sarkar , who was
arrested on 29.01.2026, in connection with Basistha P.S. Case No. 42/2026
under Section 147 of the BNS, 2023 read with Sections 15/16/17/18 of the
Unlawful Activities (Prevention) Act, 1967.
3 . The instant case has been initiated based on a written complaint dated
29.01.2026 submitted by SI (P) Chinmoy Boruah of Jorabat Police Out Post,
alleging that on 28.01.2026, at about 17:00 hours, credible information was
received from the Deputy Commissioner of Police (East), Guwahati, regarding
transportation of a large amount of cash suspected to be meant for terrorist
activities, from Guwahati towards Meghalaya in a vehicle bearing Registration
No. AS-01 DL-7386. Acting upon such information, a police team intercepted the
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vehicle on NH-27 at 9 Mile and apprehended the accused persons, namely
Anowar Hussain, Dianur Islam, Imdadul Haque Sarkar, and Malikuddin Sheikh
(driver). During the search of the vehicle, they recovered cash amounting to Rs.
70,88,000/-, nine (9) cheques amounting to Rs. 43,00,000/-, four mobile
phones, and one land Sale Deed. It was alleged that during the preliminary
enquiry, the accused applicants confessed that the aforesaid money was
intended to be delivered to terrorist elements for facilitating unlawful and violent
activities, thereby attracting the provisions of Section 15 of the Unlawful
Activities (Prevention) Act, 1967 along with other relevant sections of law.
4. On receipt of the FIR, the police registered Basistha P.S. Case No. 42/2026
under Sections 147 of the BNS, 2023, read with Sections 15/16/17/18 of the
Unlawful Activities (Prevention) Act, 1967. It is submitted that on 29.01.2026,
the accused applicants were produced before the Hon’ble District & Sessions
Judge, Kamrup (M) and after being shown arrested, they were remanded to
police custody for five (5) days. On 02.02.2026, after completion of police

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custody, the accused applicants were remanded to judicial custody and since
then they are in judicial custody.
5. Mr. M. A. Sheikh, learned counsel for the Accused Applicant, submits that
the Accused Applicant is in no way involved in the allegations made in the FIR.
He submits that the Accused Applicant and the co-accused, namely, Anowar
Hussain, belong to the same village in Gauripur. He further submits that the
Accused Applicant came to Guwahati on 27.01.2026 along with co-accused
Anowar Hussain for the purpose of collecting certain statements from Assam
Down Town University, where his daughter, namely, Shagufta Khanam , is a
student of the Bachelor of Business Administration course. He submits that on
the night of 27.01.2026, the accused applicant stayed at the residence of a
relative of the said co-accused Anowar Hussain. On the morning of 28.01.2026,
he went to Assam Down Town University to meet his daughter and to complete
certain bank-related formalities. After completing his work, the accused
applicant accompanied co-accused Anowar Hussain to USTM University to meet
his son, namely, Naziz Afroze Sarkar , who is an employee of USTM. On their way
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to USTM, the police intercepted the vehicle on NH-27 at 9 Mile and
apprehended the Accused Applicant along with the other three co-accused
persons. Upon conducting a search, the aforesaid cash amount, cheques, and
other documents were recovered from the vehicle.
6. Learned counsel submits that the Accused Applicant had no knowledge
about the land sale deed transaction or the source of the money received by
Anowar Hussain. The Accused Applicant only became aware of the transaction
and the receipt of the money when it was recovered by the police from the
vehicle. He further submits that the Accused Applicant has neither directly nor
indirectly participated in any activity relating to terrorism nor does he have any

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connection with any terrorist or Jihadi organization. He submits that the
Accused Applicant was arrested solely because he was travelling with the
aforesaid co-accused persons. Therefore, since no material is available against
the Accused Applicant, he should be granted bail at this stage. Learned counsel
further submits that the Accused Applicant has been in custody for the past 23
days, only on suspicion, and without any materials connecting him to any
offence under the Unlawful Activities (Prevention) Act.
7. Per contra, Mr. R. J. Baruah, learned Additional Public Prosecutor for the
State, submits that the investigation is still at a nascent stage and that the
Accused Applicant has been accused of terrorist activities detrimental to the
security, sovereignty, and integrity of the nation. He submits that this is not a
case in which the Accused Applicant should be granted bail. He further submits
that the cash and cheques were recovered from the vehicle of the accused
along with the co-accused. He also submits that the Case Diary contains various
reports regarding the bank transactions and the recovered cheques are yet to
be verified by the concerned authority; therefore, the release of the Accused
Applicant at this stage would hamper the investigation. He submits that the
Accused Applicant has allegedly confessed that the money was intended for a
Jihadi organization and for terrorist activities and given the seriousness of the
allegation, bail should not be granted.
8. The Case Diary in the instant case has been produced, which has been
carefully perused by this Court, along with the submissions made by the learned
counsel for the respective parties.
9. From the materials placed before this Court, it is apparent that the land
belonging to the co-accused, Anowar Hussain, was in fact sold to Mustofa Salim

Ahmed and Mrs. Nazmin Amania Islam. The aforesaid agreement of sale,

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already seized by the police, reveals that there was a monetary transaction and
Anowar Hussain received an amount of Rs. 17,00,000/- and cheques amounting
to Rs. 43,00,000/- of different denominations for the said land. It is seen that
the total consideration for the land was fixed at Rs. 60,00,000/-. This Court also
notes that Anowar Hussain had availed an overdraft loan facility from ICICI
Bank for a limit of Rs. 50,00,000/-, which was approved on 19.11.2024 for a
period of 12 months.
10. This Court, after perusal of the materials available in the Case Diary,
observes that while there is a confessional statement regarding the involvement
of the Accused Applicant in some Jihadi organization, no prima facie material
connects the Accused Applicant with any terrorist activity is available in the Case
Diary. Taking into account all the facts, although the Accused Applicant was in
police custody for five days and in judicial custody for the last eighteen days,
the police are yet to gather convincing material implicating the Accused
Applicant in any terrorist activities. At least, no prima facie material is available
in the Case Diary before this Court.
11. In this connection, the case of Thwaha Fasal vs. Union of India , reported
in (2022) 14 SCC 766 , can be referred to, wherein the Hon’ble Supreme Court
held that the Court is to consider whether there are reasonable grounds for
believing that the accusation against the accused is prima facie true. If the
Court is satisfied, after examining the materials on record, that there are no
reasonable grounds for believing that the accusation against the accused is
prima facie true, then the accused applicant is entitled to bail.
12 . After having considered the submissions and the facts of the case, this
Court is of the considered opinion that the Accused Applicant should be granted
bail at this stage, subject to certain conditions so that he can cooperate with the

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investigation. Accordingly, it is directed that the Accused Applicant, namely
Imdadul Hoque Sarkar , shall be released forthwith on bail on furnishing a bail
bond of Rs. 1,00,000/- (Rupees One Lakh) with two sureties of like nature, one
of whom shall be a Government servant, to the satisfaction of the learned
District and Sessions Judge, Kamrup (M), Assam, subject to the following
conditions:
(i) The Accused Applicant shall cooperate with the investigation and make
himself available as and when called by the investigating officer;
(ii) The Accused Applicant shall report to the investigating officer in
connection with Basistha P.S. Case No. 42/2026 once in every month till
the FR/Charge sheet is filed by the IO, with the date of appearance to be
fixed by the investigating officer;
(iii) The Accused Applicant shall provide their contact details, including
photocopies of his Passport (if any), Aadhaar Card, Driving License, PAN
Card as well as mobile numbers and other contact information, to the
investigating officer;
(iv) The Accused Applicant shall not directly or indirectly attempt to
hamper or tamper with the investigation of the case.
13. In view of the aforesaid directions, this bail application stands disposed of,
as allowed.

JUDGE
Comparing Assistant
Order downloaded on 26-02-2026 12:14:25 AM