Page No.# 1/4 GAHC010081612025 2025:GAU-AS:5875 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/918/2025 ABDUL MALEK AND ANR S/O- ABUL HUSSAIN, R/O VILL-KISHMAT MOINBURI P.O.MOINBURI,P.S.KALGACHIA DIST. BARPETA, ASSAM PIN-781321 2: ABUL HUSSAIN S/O- AYNAL SHEIKH R/O- VILL-KISHMAT MOINBURI PO- MOINBURI PS KALGACHIA DIST- BARPETA ASSAM PIN- 78132 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR G CHAMUAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 13.05.2025 1. Heard Mr. G. Chamuah, the learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, (1) Abdul Malek and (2) Abul Hussain, who are apprehending their arrest in connection with Abhayapuri P.S. Case No. 31/2025, under Section 137(1)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that on 10.02.2025, the father of the victim girl had lodged an FIR before the Officer-In-Charge of Abhayapuri Police Station, inter alia, alleging that on 10.02.2025, at about 9:30 AM, the daughter of the informant called him from a phone call asking her to send her Aadhaar Card to that number as the same was required in the school and accordingly, the informant had forwarded the Aadhaar Card. Later on, after half an hour, he was informed that the victim is travelling with the accused No. 1, named in the FIR to Delhi. 4. It is alleged in the FIR that on earlier occasions also, the accused No. 1, namely, Fulbar Ali had tried to kidnap the daughter of the first informant. 5. The learned counsel for the petitioners has submitted that the Page No.# 3/4 petitioners are not involved in the offence alleged in the FIR and they have been falsely implicated in the FIR. 6. It is also submitted that they are ready to co-operate in the investigation. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Abhayapuri P.S. Case No. 31/2025, and has submitted that the victim girl has been recovered and her statement under Section 183 of the BNSS, 2023 has also been recorded. As per the statement of the victim girl, she is in relationship with the accused No. 1, named in the FIR, namely, and she herself went along with him to Delhi. 8. He also submits that against the petitioners, there are no incriminating materials in the Case Diary. 9. Considering the submissions made by the learned counsel for the petitioners, this anticipatory bail application is allowed. However, if the petitioners, namely, (1) Abdul Malek and (2) Abul Hussain, are arrested in connection with Abhayapuri P.S. Case No. 31/2025, they shall be allowed to go on bail of Rs. 30,000/-each with a suitable surety of like amount to the satisfaction of the arresting authority with following conditions that:- (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. Send back the Case Diary. Page No.# 4/4 11. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant