Page No.# 1/3 GAHC010032972025 2025:GAU-AS:2867 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./458/2025 LOTFUR RAHMAN @ ROCKY S/O- ABUL KALAM R/O- BARPETA KAYAKUCHI PS AND DIST- BARPETA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. N J DUTTA 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 Mr. N Ahmed, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Lotfur Rahman @ Rocky, son of Abul Kalam, resident of Barpeta, Kayakuchi, P.S. & District-Barpeta, has filed this application on 17.02.2025 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, wherein he was shown arrested on 06.02.2025 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exchanged his ATM card and gave him another one and using the said ATM card which was in the name of his wife, they had withdrawn Rs.81,000/- from her bank account.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an old aged person and senior citizen prayed before the authority to do the needful and to get back his money that was withdrawn by the miscreants from the bank account of his wife through the ATM card.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. 4. From the case diary, it is seen that the petitioner 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. 5. It is also placed before the Court by Mr. Sarma, learned Additional Public Prosecutor, Assam that the petitioner is involved in many other cases. 6. Finding sufficient incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant bail to the petitioner, Lotfur Rahman @ Rocky in said Dispur P.S. Case No. 33/2025 considering his Page No.# 3/3 detention in custody since 06.02.2025. 7. Accordingly, this bail application of the petitioner, Lotfur Rahman @ Rocky, son of Abul Kalam, in said Dispur P.S. Case No. 33/2025 stands rejected. 8. Return the case diary. JUDGE Comparing Assistant