Page No.# 1/3 GAHC010032972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./393/2025 DEWAN AZLAN HARIZ S/O DEWAN NAZMUL HAQUE R/O KURIHA KAYAKUCHI P S KAYAKUCHI DISTRICT BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR S M ABDULLAH P Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 18/03/2025 Heard Ms. F Hussain, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Dewan Azlan Hariz, son of Dewan Nazmul Haque, resident of Kuriha, Kayakuchi, P.S. Kayakuchi, District-Barpeta, has filed this application on 11.02.2025 under Section 483 of BNSS, 2023, seeking bail in Dispur Police Station Case No. 33/2025 registered under Sections 318(2)/303(2) of BNS, 2023 corresponding to G.R. No. 261/2025, wherein he was arrested on 29.01.2025 and is in custody since then. 3. As per the FIR dated 13.01.2025 lodged by the complainant before the authorities of Adagudam, Lalganesh Outpost (Odalbakra Outpost) under Dispur Police Station, the case is that on the said date, i.e., on 13.01.2025 around 10:45 AM to 12:00 noon, when he went to the ATM at Saukuchi near Canara Bank, two boys fraudulently exchanged his ATM card and gave him another one and using the said ATM card which was in the name of his wife, they had withdrawn Rs.81,000/- from her bank account. The complainant being an old aged person and senior citizen prayed before the authority to do the needful and to get back his money that was withdrawn by the miscreants from the bank account of his wife through her ATM card. The said FIR of the complainant dated 13.01.2025 was initially entered as Odalbakra Outpost G.D. Entry No. 211 dated 13.01.2025 and on being forwarded to the Dispur Police Station, it was registered as Dispur P.S. Case No. 33/2025 under Sections 318(2)/303(2) of BNS, 2023. 4. Petitioner contended that he is a student presently studying in the Royal Global University at Guwahati and pursuing his B.Tech. Degree in Civil Engineering and no way connected with the case. As such, by this application, the petitioner has prayed for his bail in said Dispur P.S. Case No. 33/2025. 5. Mr. Sarma, learned Additional Public Prosecutor, Assam by placing the case diary submitted that the case diary does not implicate the present petitioner pertaining to his involvement in the alleged crime. 6. Considering the materials in the case diary, the Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Dispur P.S. Case No. Page No.# 3/3 33/2025. As such, this bail application of the petitioner in said Dispur P.S. Case is accepted. 7. Accordingly, the petitioner, namely, Dewan Azlan Hariz, son of Dewan Nazmul Haque, shall be released on bail in said Dispur P.S. Case No. 33/2025 registered under Sections 318(2)/303(2) of BNS, 2023 corresponding to G.R. No. 261/2025, on furnishing a bail bond of Rs. 50,000/- with two local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on condition that the petitioner – (i) shall appear before the Investigating Officer of said Dispur P.S. Case No. 33/2025 as and when he is required for necessary investigation of said Dispur P.S. Case and (ii) shall not involve himself in any criminal activities in future. 8. Violation of the aforesaid conditions by the petitioner, Dewan Azlan Hariz, the bail granted to him in the aforementioned Dispur P.S. Case No. 33/2025 shall stand automatically vacated. 9. This bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant