Page No.# 1/3 GAHC010071202026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./988/2026 RAMEZ ALI SON OF KITAB ALI RESIDENT OF VILL- KAYAKUCHI, P.S. AND DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR. M M ZAMAN,IMDADUL ISLAM,M RAHMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 29.04.2026 Heard Mr. N.J.Dutta, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Ramez Ali has prayed for releasing him on bail after he was arrested Page No.# 2/3 in connection with PRC No.18 of 2026 registered under Sections 318(3)/318(4)/3(5) of the BNS, 2023 added Sections 61(2)/111 of the BNS, 2023 pending before the learned Judicial Magistrate First Class, Chirang, Bijni, arising out of Bijni P.S. Case No. 132 of 2025 under Sections 318(3)/318(4) of the BNS, 2023. 3. The brief facts of the case is that on 27.10.2025, one, Lakhikanta Basumatary lodged an FIR before the Officer-In-Charge, Bijni Police Station stating inter-alia that on the same day i..e on 27.10.2025 at about 4.00 p.m, some unknown person had fraudulently withdrawn money from his bank account bearing account No.11851441752. The complainant also stated that the unknown person used his ATM card to withdraw Rs.10,000/- each for fur times, amounting to a total of Rs.40,000/-, from the SBI ATM near Bijni Lakhi Mandir. Further the miscreant also purchased items worth Rs.75,000/- from MPJ Jewellers, Bongaigaon, by using his ATM card. And hence, this case. 4. The main contention on behalf of the petitioner is that he was shown arrested in connection with the present case on 05.01.2026 but at the time of showing him as arrested herein, no Arrest Memo has been furnished to the petitioner. A report was sought for in this regard and the learned SDJM, Bijni, Chirang vide communication dated 22.04.2026 has informed the Registry of this Court that no Arrest Memo could be found in the case Records of PRC No.18 of 2026 (Bijni P.S. Case No. 132 of 2025). 5. The further submission is that keeping in view the length of detention of the petitioner of 107 days behind the bar, the prayer for bail may be considered. 6. In view of the settled law in this regard and in view of the Section 62 of Page No.# 3/3 the BNSS, 2023, the failour to serve the Arrest Memo, which is presumed in this case as none could be found on the record is a ground to release the petitioner on bail. 7. Accordingly, having regard to the same as well as the period of detention, the prayer for bail is allowed. Accordingly, the petitioner, Ramez Ali shall be released on bail of ₹50,000/- (Rupees fifty thousand) only with two sureties of like amount to the satisfaction of the learned Eleka Magistrate. 8. It is further provided that the petitioner shall co-operate with the investigation and shall not hamper or tamper with the investigation in any manner. 9. Accordingly, the Bail Application stands disposed of. JUDGE Comparing Assistant