Page No.# 1/3 GAHC010247242025 2025:GAU-AS:15694 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3605/2025 JANNATUL HAQUE S/O JALILUR RAHMAN, R/O VILL KARAGARI GAON P.S PATACHARKUCHI, DIST. BAJALI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, N R HAQUE,MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 19-11-2025 Heard Mr. U. U. Khan, learned counsel for the accused applicant and Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, praying for grant of bail to the accused applicant in connection with Nalbari P. S. Case No. 224/2025, registered under Sections 318(4)/303(2) of the BNS, 2023. Page No.# 2/3 3. An FIR was lodged on 06.07.2025 by Shri Goukul Chandra Deka alleging that on 05.07.2025, at about 12:50 PM, while he went to withdraw money from the Gopal Bazar ATM Booth, an unknown person, on the pretext of helping him, managed to exchange the informant’s ATM card with his own. Subsequently, it was discovered that an amount of Rs. 40,000/- (Rupees Forty Thousand) had been withdrawn from the informant’s account. 4. Upon receipt of the FIR, the Police arrested the accused applicant on 27.09.2025, and since then he has been in custody. 5. Mr. U. U. Khan, learned counsel for the accused applicant, submits that considering the prolonged detention of the accused applicant in judicial custody, he may be released on bail. He further submits that the accused applicant is willing to cooperate with the investigation, if this Court grants bail subject to any conditions deemed appropriate. 6. On the other hand, Mr. P. Borthakur, learned Additional Public Prosecutor for the State, submits that the investigation is still ongoing and the withdrawn amount is yet to be recovered. He further submits that the accused applicant is a habitual offender, and that a similar case is pending against him before the Satgaon Police Station. Thus, he prays that bail should not be granted at this stage. 7. This Court has perused the materials on record and has duly considered the submissions made by the learned counsel for both parties. 8. Taking into account that the accused applicant has already undergone more than 53 (fifty-three) days of custody, this Court is of the view that he may be released on bail. Accordingly, it is directed that the accused applicant be released forthwith on bail on furnishing a bail bond of Rs. 30,000/- (Rupees Page No.# 3/3 Thirty Thousand) with one surety of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, subject to the following conditions: i. The accused applicant shall cooperate with the investigation of the case; ii. The accused applicant shall appear before the investigating authority as and when called upon; iii. The accused applicant shall not hamper or tamper with the evidence or the investigation. 8. In view of the above directions, the instant bail application stands allowed and disposed of. 9. Return the Case Diary. JUDGE Comparing Assistant