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Judgment
Heard Mr. A.M. Khan learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor appearing for the State.
By this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Ariful Islam, has prayed for grant of pre-arrest bail in connection with Tezpur P.S. Case No.446/2026 under Sections 316(2)/318(4)/336(3)/338/340(2)/61(2) of the BNS, 2023 read with Section 66(c)/66(D)/72(A) of the IT Act.
The allegation made in the FIR is that one Nazmul Ansari on 27.07.2026 lodged a written complaint before the Officer-in-Charge of Tezpur Police Station suspecting misuse of his biometric, fingerprint and iris scan by one Mr. Jewel Ahmed. The informant enrolled himself in a Skill India Related program of the Government of India. For the purpose of enrolment, the said Mr. Jewel Ahmed took his documents, biometric details, finger print and iris scans. Initially, the informant was told that the biometric details would be required for the purpose of registration and Aadhar/KYC verification and after completion of verification the informant would be imparting training followed by payment of stipend.
However, the informant became skeptical from the factum of storing of his biometric details and use of the same for the purpose of attendance. Hence, fearing misuse of his biometric details, he lodged the FIR dated 27.07.2026. Accordingly, the police registered the Tezpur P.S. Case No.446/2026 under Sections 316(2)/318(4) /336(3) /338/340(2)/61(2) of the BNS, 2023 read with Section 66(c)/66(D)/72(A) of the IT Act.
The learned counsel for the petitioner submits that the petitioner was an employee of co-accused Firoz Khan and he is a student, who worked in the shop
Page No.# 3/3 of co-accused Akbar Hussain Mondal only for a period of 15 days.
It is further court submitted that the petitioner is a student who is pursuing post-graduate in B.Ed course and his exam is due from 22/09/26 and his arrest in connection with the aforesaid case would cause damage to his academic career.
Learned Additional PP submits that the petitioner as per the CD used to collect Irish data of the enrolled candidates on the instruction of accused Firoz Khan.
A perusal of the bail objection filed by the I/O does not attribute any other role to the present petitioner. Having regard to the above, the custodial interrogation of the petitioner may not be necessary.
Accordingly, the prayer for pre-arrest bail is allowed.
It is directed that in the event of his arrest in connection with the aforesaid case, the petitioner named above shall be released on pre-arrest bail on furnishing bail bond Rs.50,000/- with surety of like amount to the satisfaction of the arresting authority.
It is further directed that the petitioner shall appear before the I/O within a period of 10 days from today and cooperate with the investigation.
The pre-arrest bail application stands allowed and disposed of.