Assam: Gauhati High Court denies bail to accused providing SIM card to illegal Bangladeshi national

The Gauhati High Court on May 12  has stated that providing a SIM card to an illegal Bangladeshi national for anti-national and terrorist activities is equivalent to providing them with "logistics support" to carry out such activities in India. Justice Kalyan Rai Surana denied bail to an accused who was charged under provisions of the Indian Penal Code, such as Sections 121, 121A, 120B, and 124A, and the Unlawful Activities Prevention Act (UAPA).

According to the court, the accused's actions would be covered by Section 10 of the Evidence Act, 1872, in conjunction with Illustration (b) appended to the Act. The act of providing a SIM card to an illegal Bangladeshi national for terrorist activities is a serious offense that can result in a sentence of imprisonment ranging from five years to life, the court stated.

The accused's defense argued that he had provided the SIM card in good faith to another co-accused without suspecting that he was involved in any terrorist activity. The main accused in the case allegedly entered India illegally to establish sleeper cells in Assam and had connections to Al Qaeda in the Indian subcontinent.

However, the court rejected the accused's bail plea, noting that the trial court had already charged six accused under Section 121A IPC read with Section 18/20 of the UAPA and taken cognizance of the offenses. Two of the six accused were released by the trial court, but the petitioner was denied bail because there were prima facie materials available against him for committing the offenses alleged under Chapters IV and VI of the UAPA.