Abdul Ali v. The State of Assam

Page No.# 1/3 GAHC010232492024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3400/2024 ABDUL ALI S/O LATE JUBBAR ALI, R/O VILL-DOLOR PATHAR, P.S.-PATACHARKUCHI, DIST-BAJALI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

13/11/2024 Heard Mr. M Khan, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent.

¶2This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Abdul Ali, son of Late Jubbar Ali, resident of Village-Dolor Pathar, P.S. Patacharkuchi, District-Bajali, seeking bail in Manikpur P.S. Case No. 118/2024 registered under Page No.# 2/3 Sections 331(3)/334/317(4)/303(2)/324(2)/111 of the BNS, 2023 read with Section 3 of the Prevention of Damage to Public Property Act, 1984 corresponding to G.R. No. 491/2024, wherein he was arrested on 14.09.2024 and is in custody since then.

¶3As per the FIR dated 23.08.2024, the case is that the NCR Corporation India Limited, in which the informant/complainant is serving, is an authorized entity on behalf of the State Bank of India for installation, maintenance and daily operation of the ATM's in the entire Northern States. On

23.08.2024, in the early morning around 1:00 AM, some unknown culprits had cut the ATM at Patiladaha and taken away cash amount of Rs.18,26,300/- and thereby also lost an asset amounting to Rs.3,00,000/-.

¶4Perused the case diary placed before the Court today by Mr. Parashar, learned Additional Public Prosecutor, Assam.

¶5It is seen that the concerned ATM at Patiladaha of the State Bank of India was broken by Gas Cutter and the aforesaid amount was looted from the said ATM.

¶6Case diary also indicates that the petitioner came to the bank to deposit a certain amount of money containing denominations of Rs.500/-, which were partially burnt. As such, the bank did not accept the said amount. Police on coming to know about it had the suspicion that the petitioner is involved in said looting of ATMs of Patiladaha. Police searched his residence and found Rs.77,500/-. Out of the total cash amount of Rs.77,500/- recovered from the possession of the petitioner, 155 nos. of Rs.500 denominations were found partially burnt. As such, the petitioner was arrested on

14.09.2024 with suspicion that he is involved in said Manikpur P.S. Case No. 118/2024 and is in custody since then.

¶7Considering the materials available in the case diary, this Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Manikpur P.S. Case No. 118/2024. As such, this bail application of the petitioner in said Manikpur P.S. Case is accepted.

¶8Accordingly, the petitioner, namely, Abdul Ali, be released on bail in said Manikpur P.S. Case No. 118/2024 registered under Sections 331(3)/334/317(4)/303(2)/324(2)/111 of the BNS, 2023 read with Section 3 of the Prevention of Damage to Public Property Act, 1984 corresponding to G.R. No. 491/2024, on furnishing a bail bond of Rs.50,000/- with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the Page No.# 3/3 satisfaction of the learned Chief Judicial Magistrate, Bongaigaon, on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Manikpur P.S. Case No. 118/2024, as and when he is required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of Manikpur 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 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 himself in any criminal activities, failing which, the bail granted to him in said Manikpur P.S. Case No. 118/2024 shall stand automatically vacated.

¶9Bail application accordingly stands allowed to the extent above.

¶10Return the case diary.

JUDGE Comparing Assistant