Page No.# 1/3 GAHC010169352025 2025:GAU-AS:12875 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1854/2025 MD ABDUL KALAM SON OF LATE JINNAT ALI RESIDENT OF VILL- BAROSOLA P.O. NAWBOICHA, P.S. NORTH LAKHIMPUR, ASSAM, PIN-787023 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T K BHUYAN, MR G J SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 18.09.2025 1. Heard Mr. G. J. Saikia, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Md. Abdul Kalam, has prayed for granting pre-arrest bail, apprehending arrest in connection with North Page No.# 2/3 Lakhimpur P.S. Case No. 01/2012, registered under Section 366(A)/34 of IPC, 1860. 3. The gist of the allegation in the Ejahar dated 01.01.2012, is about kidnapping of the 14 years of old niece of the informant. As per materials annexed with the petition, the case has been charge sheeted against two of the accused persons namely, Nur Islam and Rafiqul Islam. 4. The scanned copy of the TCR has been received from the learned Court below. 5. I perused the statement of the alleged victim girl recorded before the learned JMFC. Interestingly, ejahar was lodged on 01.01.2012 itself and after completion of investigation, present accused petitioner was indicated as an absconder in the Charge-Sheet. He is stated to be the elder brother of the main accused and the main allegations against the present petitioner is of assisting his brother in taking away the girl. 6. As per the statement before the learned JMFC, the age of the girl is 15 years. Upon completion of investigation, the case is now registered as PRC No.1126/2023 and pending before the learned Chief Judicial Magistrate, North Lakhimpur for appearance. 7. Despite the adverse materials, considering the submissions on behalf of the accused petitioner that he shall appear before the learned Court and participate in the trial, I am of the considered view that granting of bail would rather facilitate in taking the process forward. 8. Accordingly, the interim bail granted to the accused petitioner vide order dated 04.08.2025 is hereby made absolute. 9. The direction for bail is further subject to the condition(s) that the accused petitioner; Page No.# 3/3 i. Shall appear before the learned Trial Court on the next date and thereafter shall appear regularly; ii. Shall available during the trial; and iii. Shall not hamper or tamper with the evidence. 10. The bail petition stands allowed and disposed of. JUDGE Comparing Assistant