Page No.# 1/4 GAHC010032972025 2025:GAU-AS:2867 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./436/2025 ARIFUL ISLAM AND 2 ORS. S/O JALAL UDDIN R/O VILL- BAKHUAMARI,P.O. KAYAKUCHI,P.S. ANDDIST. BARPETA, ASSAM T/A- AZIZNAGAR, FAKIRUDDIN ALI AHMED PATH,PANJABARI, P.S. DISPUR. 2: ASIF IQBAL HUSSAIN S/O NURUL HAQUE R/OVILL-PITHADIPAM P.S. SARTHEBARI P.O.NALIGAON DIST. BARPETA ASSAM T/A -AZIZNAGAR FAKIRUDDIN ALI AHMED PATH PANJABARI P.S. DISPUR 3: SAHIL AHMED S/O SATHAR ALI AHMED R/O VILL-KHABLARVHITA P.O. P.S.AND DIST. BARPETA ASSAM T/A- JURIPAR PANJABARI HOUSE NO. 3L P.S.DISPUR VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 18/03/2025 Heard Mr. N Ahmed, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioners, namely, (1) Ariful Islam, son of Jalal Uddin, resident of Village-Bakhuamari, P.O. Kayakuchi, P.S. & District-Barpeta, (2) Asif Iqbal Hussain, son of Nurul Haque, resident of Village-Pithadipam, P.S. Sarthebari, P.O. Naligaon, District-Barpeta and (3) Sahil Ahmed, son of Sathar Ali Ahmed, resident of Village-Khablarvhita, P.O., P.S. & District-Barpeta, have filed this application on 15.02.2025 under Section 483 of BNSS, 2023, seeking bail in Dispur Police Station Case No. 33/2025 registered under Sections 303(2)/318(2) of BNS, 2023 corresponding to G.R. No. 261/2025, wherein they were shown arrested on 29.01.2025 and are 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exchanged his ATM card and gave him another one and using the said ATM card which was in the name of his wife, they had withdrawn Rs.81,000/- from her bank account.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an old aged person and senior citizen prayed before the authority to do the needful and to get back his money that was withdrawn by the miscreants from the bank account of his wife through the ATM card.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 303(2)/318(2) of BNS, 2023. Page No.# 3/4 4. From the case diary, it is seen that the petitioner No. 1, Ariful Islam along with another accused were present in the concerned ATM as per the CCTV footage installed therein, who fraudulently took away the ATM card of the wife of the complainant, while he was present in the said ATM and was withdrawing money from it. However, the concerned CCTV footage relating to the ATM at Saukuchi, the petitioner No. 2, Asif Iqbal Hussain and the petitioner No.3, Sahil Ahmed were not found present inside the said ATM. The case diary, however, implicated all the three petitioners being members of a group of unscrupulous persons who are involved in similar cases registered in different Police Station cases. 5. It is also placed before the Court by Mr. Sarma, learned Additional Public Prosecutor, Assam that the petitioner No. 3 is already involved in other cases, being Tezpur P.S. Case No. 453/2024 and Pathsala P.S. Case No. 28/2024, Palashbari P.S. Case etc. 6. Considering such incriminating materials in the case diary against the petitioner No. 1 with regard to his involvement in the alleged crime, this Court is of the view that it is not a fit case to grant bail to the petitioner No. 1, Ariful Islam in said Dispur P.S. Case No. 33/2025. Accordingly, this bail application of the petitioner No. 1, Ariful Islam, son of Jalal Uddin in said Dispur P.S. Case No. 33/2025 stands rejected. 7. However, as the CCTV footage of the ATM at Saukuchi did not show the petitioner Nos. 2 and 3 inside the said ATM, the Court is of the view that further custodial detention of the petitioner Nos. (2) Asif Iqbal Hussain and (3) Sahil Ahmed, are not warranted to investigate the said Dispur P.S. Case No. 33/2025. As such, this bail application with regard to the petitioner Nos. 2 and 3 in said Dispur P.S. Case is accepted. 8. Accordingly, the petitioner Nos. (2) Asif Iqbal Hussain, son of Nurul Haque, and (3) Sahil Ahmed, son of Sathar Ali Ahmed, if not wanted in any other criminal/police station cases, then they shall be released on bail in said Dispur P.S. Case No. 33/2025 registered under Sections 303(2)/318(2) of BNS, 2023 corresponding to G.R. No. 261/2025, on furnishing a bail bond of Rs. 75,000/- each, 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 Nos. 2 and 3 – (i) shall appear before the Investigating Officer of said Dispur P.S. Case No. 33/2025 as and when they are required in the said Dispur P.S. case; (ii) shall not leave the territorial jurisdiction of Dispur Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall Page No.# 4/4 not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not involve themselves in any criminal activities in future. 9. Violation of any of the aforesaid terms and conditions by either of the petitioner Nos. (2) Asif Iqbal Hussain and (3) Sahil Ahmed, then the bail granted to them in the aforementioned Dispur P.S. Case No. 33/2025 shall stand automatically vacated. 10. Accordingly, this bail application stands disposed of to the extent above. 11. Return the case diary. JUDGE Comparing Assistant