Page No.# 1/3 GAHC010119202025 2025:GAU-AS:7352 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1833/2025 MD SIRAJ ALI ALIAS SIRU ALI S/O LATE KITAB ALI R/O JAKHALABANDHA, KALIMANDIR KADAMTOLA P.S. JAKHALABANDHA DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 04.06.2025 1. Heard Mr. S.M.Abdullah P, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor, appearing for the State of Assam. Page No.# 2/3 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Md. Siraj Ali@Siru Ali, who has been detained behind the bars since 22.05.2025, in connection with Uluoni P.S. Case No. 76/2024, under Section 87 of the BNS, 2023. 3. The gist of accusation in this case is that on 01.07.2024, one Tahura Khatun, had lodged an FIR, naming therein four accused persons, including the present petitioner, inter alia, alleging that the daughter of the informant was kidnapped by the son of the present petitioner. 4. The learned counsel for the petitioner has submitted that the petitioner was earlier granted anticipatory bail by the Court of the learned Additional Sessions Judge No. 2, Nagaon in Bail Application No. 343(N)/2025, by order dated 06.03.2025. 5. The learned counsel for the petitioner has submitted that there was a stipulation in the said bail order, directing the petitioner to appear before the Investigating Officer within 7(seven) days. But due to some difficulties, the petitioner could not appear before the Investigating Officer within the stipulated period of time and hence, he was arrested. 6. The learned counsel for the petitioner has submitted that in the meanwhile, the daughter of the informant has already been recovered. 7. The learned Additional Public Prosecutor has submitted that the conduct of the petitioner does not inspire confidence, as in spite of the Court’s order, he failed to appear before the Investigating Officer. Page No.# 3/3 8. I have considered the submissions made by the learned counsel for both sides and have gone through the materials available on record. Since it appears that the learned Additional Public Prosecutor, while granting anticipatory bail to the petitioner has observed that no prima facie case has been made against the petitioner in this case. Hence, his custodial detention is not justified and on that ground only, he is entitled to get bail. 9. For the reasons mentioned hereinabove, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person 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. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant