Dismissed¶21

Shahil Ahmed v. the State of Assam

Gauhati HC17 Mar 2025Bail Appln./369/2025

Case brief

AI extract

What is this about?

Gauhati High Court, Bail Appln./369/2025, Shahil Ahmed v. State of Assam, single bench of Justice Manash Ranjan Pathak, decided 18/03/2025. Bail under S. 483 BNSS 2023 rejected for offence under Ss. 318(4)/303(2) BNS 2023 (Palashbari P.S. Case No. 511/2024, G.R. No. 1532(K)/2024). ATM card fraud: Rs. 2,07,000/- withdrawn from complainant's account via his ATM card; prosecution cited CCTV footage of the SBI ATM at Uparhali showing the petitioner's involvement. Petitioner already in custody since 29.01.2025 in Basistha P.S. Case No. 41/2025 and Dispur P.S. Case No. 33/2025 for similar offences.

What did the court decide?

The Court found sufficient incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime. ¶20

Shahil Ahmed Vs the State of Assam — Cheating and Forgery | Gauhati HC (2025)

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GAHC010026722025

2025:GAU-AS:2868

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./369/2025

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SHAHIL AHMED S/O SATTAR ALI AHMED R/O VILL-KHAPLAR VITA P.O. KOYAKUCHI, P.S. AND DIST.BARPETA, ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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18/03/2025

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Heard Mr. N Ahmed, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

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2. The petitioner, namely, Shahil Ahmed, son of Sattar Ali Ahmed, resident of Village-Khaplar Vita, P.O. Koyakuchi, P.S. & District-Barpeta, has filed this application on 10.02.2025 under Section 483 of BNSS, 2023, seeking bail in Palashbari Police Station Case No. 511/2024 registered under Sections 318(4)/303(2) of BNS, 2023 corresponding to G.R. No. 1532(K)/2024, wherein he was shown arrested on 29.01.2025 and is in custody since then.

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3. As per the FIR dated 17.12.2024 lodged by the complainant before the Officer-in-Charge of Bijaynagar Outpost under Palashbari Police Station, the case is that on 14.12.2024, between 12 Noon to 12:30 PM, while he was withdrawing Rs.20,000/- from the SBI ATM at Uparhali, a boy was standing next to him. On 17.12.2024, i.e., on the date of lodging of the FIR, when he went to the same ATM to withdraw money, he found that his ATM card was blocked. As such, he immediately went to the SBI, Bijaynagar Branch and produced the said ATM card before the bank personnel and then he was informed in the said bank that the said ATM card does not belong to him, which was in the name of one Bhim Biswa. As the ATM card with him appears same to the one which he used on 14.12.2024 in the ATM, therefore, he was of the belief that it belongs to him. He then immediately checked his bank account and came to know that on 15.12.2024 by using his ATM card, almost the entire amount in his bank account, amounting to Rs. 2,07,000/- was withdrawn by some miscreants and the said amount has been credited in the name of one Samrat Jewellery. On coming to know about the same, he immediately blocked his said ATM card. Thereafter, he lodged the FIR. In the meanwhile, the petitioner was arrested in connection with Basistha P.S. Case No. 41/2025 and Dispur P.S. Case No. 33/2025 for similar kind of offence.

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4. Mr. Sarma, learned Additional Public Prosecutor, Assam from the case diary submitted that police have obtained the CCTV footage of the concerned SBI ATM at Uparhali. From the said CCTV footage, the petitioner was found to be involved in the alleged crime. As such, he was taken into custody on 29.01.2025, as shown arrested as he was already arrested in connection with Dispur P.S. Case No. 33/2025 and Basistha P.S. Case No. 41/2025.

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5. 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, Shahil Ahmed in said Palashbari P.S. Case No. 511/2024 considering his detention in custody since 29.01.2025.

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5. Accordingly, this bail application of the petitioner, Shahil Ahmed, son of Sattar Ali Ahmed, in said Palashbari P.S. Case No. 511/2024 stands rejected .

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7. Return the case diary.

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JUDGE

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Shahil Ahmed v. the State of Assam

Case brief

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Shahil Ahmed v. the State of Assam

Case brief

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