Page No.# 1/4 GAHC010149242025 2025:GAU-AS:9973 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2193/2025 RAMEZ ALI SON OF KITAB ALI R/O VILL- BHAKUAMARI BANBAHAR, P.S. AND DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 01-08-2025 1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/4 2023 has been filed by the petitioner, namely, Ramez Ali, who has been detained behind the bars since 06.06.2025 in connection with Dispur Police Station Case No. 482/2025 under Sections 112/303(3)/318(4) of the Bharatiya Nyaya Sanhita, 2023. 3. The gist of accusation in this case is that on 05.06.2025, one Swapneel Borah, SI of Police, had lodged an FIR before the Officer-In-Charge of Dispur Police Station, inter-alia, alleging that a group of individuals including the present petitioner are engaged in illegal activities by fraudulently exchanging/swapping and stealing of ATM cards of various individuals. They were mainly targeting old aged/retired pensioner who visits ATM for withdrawals. 4. The learned counsel for the petitioner submits that though the petitioner was arrested on 04.06.2025, the FIR in this case has been lodged on 05.06.2025 and date of arrest of the petitioner is shown in the arrest memo as 06.06.2025. He further submits that the petitioner has been arrested only on the basis of suspicion. He also submits that the offence involved in this case entails maximum punishment of not more than 7 (Seven) years and for which the petitioner may be kept detained behind the bars during the period of investigation, under Section 487 of BNSS, only for 60 (Sixty) days and he has already been detained behind the for last 57 (Fifty Seven) days. 5. On the other hand, learned Additional Public Prosecutor has produced the Case Diary of Dispur Police Station No. 482/2025 and has submitted that the petitioner was not arrested on 04.06.2025, rather, he was arrested on 06.06.2025 and he has completed only 55 (Fifty Five) days of detention. He also Page No.# 3/4 submits that there are sufficient incriminating materials in the Case Diary against the petitioner. He also submits that there are other co-accused in this case which are yet to be arrested and therefore, he objects to grant of bail to the petitioner. 6. I have considered the submissions made by both sides and have gone through the Case Diary produced by the learned Additional Public Prosecutor. Though there are incriminating materials against the petitioner in the Case Diary, however, considering the fact that he has been detained behind the bars for last 55 (Fifty Five) days, this Court is of considered opinion that if he cooperates in the investigation, his custodial interrogation may not be necessary. 7. In view of the above, the above-named petitioner is allowed to go on bail of Rs.50,000/-(Rupees Fifty Thousand only) with one suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. (iii) The petitioner shall appear before the Investigating Officer of the aforesaid case once in a fortnight for next 2 (Two) months or till the investigation is completed, whichever is earlier. Page No.# 4/4 8. This Bail Application is accordingly disposed of. JUDGE Comparing Assistant