Page No.# 1/3 GAHC010026282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./337/2025 RUHUL AMIN AND ANR S/O MD TUTU MIYA, R/O VILLAGE BALIKURI, PS KALGACHIA, DISTRICT BARPETA, ASSAM 2: SRI MOYAZ ALI S/O KURPAN ALI R/O VILL- DIGJANI P.S. KALGACHIA DIST.BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G CHAMUAH, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 18.03.2025 Page No.# 2/3 1. Heard learned counsel Mr. G. Chamua for the petitioners namely, (i) Ruhul Amin, and (ii) Moyaz Ali. 2. The petitioners have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 22.01.2025 in connection with Barpeta Police Station Case No. 29/2025 under Sections / 318(4)/316(2)/336(3)/61(2)(a) of the BNS. 3. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioners is that they have been involved in defrauding others by unauthorized gaming through collecting corporate bank accounts, Cheque books, ATM cards, Aadhar cards and SIM cards, and thereafter being involved with a gang of cyber criminals. 5. Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioners and they are not entitled to bail as the offence alleged is of grave nature. 6. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioners. 7. Investigation has progressed substantially. It appears that further custodial detention may not be required for progress of investigation. The petitioners have pledged to co-operate with the remaining part of the investigation and they are willing to abide by any stringent bail conditions if imposed upon them. The petitioners being local residents are not flight risks. 8. Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- each (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the Elaka Page No.# 3/3 Magistrate/Jurisdictional Court at Barpeta under the conditions that: (i) The petitioners shall refrain from such activities with which they are alleged, (ii) The petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, and (iii) The petitioners shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the bail conditions, the Elaka Magistrate/Jurisdictional Court is at liberty to immediately cancel the bail granted to the petitioners. 10. Send back the Case Diary. JUDGE Comparing Assistant