Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010228452025
2025:GAU-AS:14706
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3333/2025 HALEM ALI ALAIS HELEM ALI S/O HASEN ALI R/O- 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. K N CHOUDHURY, MR. A M KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 31.10.2025 Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. A.M. Khan, learned counsel for the petitioner and also heard Mr. R.J. Baruah, learned Addl. P.P for the State. 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 PS Case No. 64/2025 under Section 318(3)/336(3) of BNS, 2023. Page No.# 2/3
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. It is submitted on behalf of the petitioner that he is the holder of the bank account bearing AC No. 110168183953, Canara Bank, LI Keomari Branch, Barpeta and he had received an unknown phone call from an unknown person who introduced himself as an Official of Canara Bank and the petitioner in good faith shared his bank account with the said person. 5. Thereafter, the petitioner received an SMS alert in his phone to the effect that an amount of Rs. 49,999/- has been credited to his bank account, after which he immediately made complaint to the concerned authority through toll free number where after his account was blocked.
No amount was withdrawn by the petitioner from his aforesaid account which is still blocked. That the petitioner did not lodge any FIR as he has no knowledge about legal proceedings. Page No.# 3/3
6. It is further submitted that the petitioner had not knowingly shared his bank account details through telegram application with an unknown person for unlawful gain. 7. On the other hand, Mr. Baruah, learned Addl. P.P submits that there is material in the case diary to show that the aforesaid transaction took place with the connivance of the petitioner and the petitioner has not fully co-operated with the I.O. as it appears from the case diary that he had deleted call details and messages from his mobile phone before handing it over to the I.O.
8. I have perused the case diary in detail where from there appears to be sufficient incriminating material against the petitioner. 9. Needless to say that these type of fraudulent activities which are causing immense losses to unsuspecting citizens have become rampant in society and must be viewed with all sternness. 10. Having regard to the above, the prayer for bail is rejected at this stage. 11. Send back the case diary. JUDGE Comparing Assistant