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2025 DAILYLAW 24781 (GAU)

HALEM ALI @ HELEM ALI v. THE STATE OF ASSAM

Bail Appln./3670/2025 · 2025-11-24

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010250182025 2025:GAU-AS:16006 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3670/2025 HALEM ALI @ HELEM ALI S/O- HASEN ALI, VILL- SATRAKANARA SEAT NO.15, P.O- SATRAKANARA, P.S- BAGHBAR, DIST- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M KHAN, R. ALI,MR T T MONI,MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 25.11.2025 1. Heard Mr. A.M. Khan, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application filed under Section 483 BNSS, by the accused petitioner, namely, Halem Ali @ Helem Ali, who was arrested on 01.10.2025 in connection with Kharupetia P.S Case No. 64/2025 under Section 318(3)/336(3) of BNS, 2023. 3. On 16.06.2025, a written FIR was lodged at Kharupetia police station by one Abul Kalam stating that on 02/04/2025 at about 8 PM his Jio SIM card bearing No. 8822426098 was suddenly deactivated. Subsequently on 04/04/2025 at about 9.51 PM, the informant had received an SMS from Canara Bank regarding a transaction of Rs.49,999/- being debited from his bank account bearing AC No. 4159101009160. The informant visited Canara Bank on the next day and came to learn that a total amount of Rs 2,42,000/- was fraudulently debited from his account through multiple transactions. Further the informant was informed that an amount of Rs 49,999/- was transferred to an account bearing AC No. 110168183953, Canara Bank, LI Keomari Branch, Barpeta, Assam which was registered and maintained in the name of the petitioner. 4. The prayer for bail application being B.A No.3333/2025 was earlier rejected by this Court by order dated 31.10.2025, after perusal of the case diary. 5. It is submitted by the learned counsel for the petitioner that the petitioner has already spent 56 days in custody and the statutory period of detention in the present case is 60 days. 6. The learned Additional Public Prosecutor prays for further time to produce the case dairy, but by that time, the statutory period Page No.# 3/3 will have been over. 7. Considering the length of detention and the fact that, by now, the investigation of the case will have progressed, the prayer for bail is allowed. 8. Accordingly, the above-named petitioner is allowed to go on bail of Rs.50,000/- (Rupees Fifty Thousand) only with two sureties of like amount subject to the satisfaction of the Court of learned CJM, Mangaldai, Darrang with following conditions: (i) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (ii) That the petitioner shall not commit any offence while on bail; (iii) That the petitioner shall not hamper the investigation or tamper with the evidence; 9. Violation of bail conditions might entail cancellation of the bail. 10. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant