Page No.# 1/3 GAHC010041522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./533/2025 DEWAN AZLAN HARIZ S/O- DEWAN NAZMUL HAQUE, R/O- KURIHA, KAYAKUCHI, P.S.- KAYAKUCHI, DIST- BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD IMRAN, MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./467/2025 SAHIL AHMED AND 2 ORS. S/O- SATHAR ALI AHMED R/O- VILL- KABLARVHITA PO BARPETA PS AND DIST- BARPETA ASSAM 2: ARIFUL ISLAM S/O JALAL UDDIN R/O VILL-BAKUAMARI P.O.KAYAKUCHI P.S. AND DIST. BARPETA ASSAM T/A- AZIZ NAGAR. 3: ASIF IQBAL HUSSAIN S/O NURUL HAQUE Page No.# 2/3 R/O VILL-PITHADIPAM VILL- PITHADIPAM P.O. NALIGAON P.S. SARTHEBARI 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 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025 This is a common order for these two bail applications as both the bail applications have arisen out of the same FIR. 2. Heard Mr.S.M. Abdullah P., the learned counsel appearing for the petitioners. Also heard Mr.DPGoswami, the learned Additional Public Prosecutor for the State of Assam. 3. Both these applications are filed under Section 483 of the BNSS, 2023, whereby the petitioners, namely, Sahil Ahmed, Ariful Islam, Asif Iqbal Hussain & Dewan Azlan Hariz have prayed for releasing them on bail after they were arrested in connection with Basistha P.S. Case No. 42/2025. 4. On 02.01.2025, an FIR was lodged, wherein it was alleged that when the informant went to the ATM to withdraw money, a boy went to the ATM and he somehow managed to exchange the ATM card of the informant with another ATM card. At about 12 noon, the informant got a message in his mobile phone, wherein it was shown that ₹26,000/- was withdrawn from his bank account. 5. Mr. Abdullah submits that the petitioner Dewan Azlan Hariz hails from Barpeta and he Page No.# 3/3 is a student of engineering of Royal School of Engineering and Technology. The petitioner Dewan Azlan Hariz stays at Guwahati in a rented house and he has nothing to do with the said crime. 6. Mr. Ahmed submits that the petitioners Sahil Ahmed, Ariful Islam, Asif Iqbal Hussain were arrested in connection with the aforesaid case because they were arrested in connection with similar other cases. Mr. Ahmed submits that the petitioners Sahil Ahmed, Ariful Islam & Asif Iqbal Hussain are part of a group, who are habitually involved in such offences. 7. From the contents of the case diary, Mr.Goswami submits that above-named three petitioners were known to the petitioner Dewan Azlan Hariz and for that reason they stayed in the house of Dewan Azlan Hariz. According to Mr.Goswami, apart from that, there are no materials against the petitioners. 8. I have considered the submissions made by the learned counsel of both sides. 9. This Court is of the opinion that at this stage, the petitioners, namely, Sahil Ahmed, Ariful Islam & Asif Iqbal Hussain are not entitled to bail. Therefore, the Bail Appln. No. 467/2025 filed by the petitioners Sahil Ahmed, Ariful Islam & Asif Iqbal Hussain is rejected. 10. This Court is of the opinion that the petitioner Dewan Azlan Hariz does not deserve to be detained in custody for any further period of time. Therefore, the Bail Appl. No. 533/2025 filed by the petitioner Dewan Azlan Hariz is allowed. 11. It is hereby directed that the petitioner Dewan Azlan Hariz, who was arrested in connection with Basistha P.S. Case No. 42/2025, shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, Assam. 12. Both the bail applications stand disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant