Page No.# 1/4 GAHC010170732025 2025:GAU-AS:11453 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2565/2025 EYASIN ALI ALIAS MD EYASIN ALI SON OF ASAD ALI, R/O VILLAGE NO 2 MADHABGOHAIN, P.O. LALPOOL, P.S. ROWTA, DIST. UDALGURI, BTR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PP ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, N ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.08.2025 1. Heard Mr. M.A.I Hussain, learned counsel for the petitioner. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has prayed for bail in Page No.# 2/4 connection with Sessions (T-II) 36/2025 arising out of Rowta P.S Case No. 56/2025 registered under Section 87 of B.N.S, 2023. 3. The F.I.R dated 10.05.2025 was filed by the husband of the victim which reveals that on 09.05.2025 at around 10:00 AM, his wife went out to deposit Rs. 50,000/- in a bank in the e-rickshaw of the petitioner. Thereafter, there was no information about her whereabouts. The informant, as such, lodged the ejahar alleging that the petitioner, along with 2 other accused persons had kidnapped his wife. 4. On completion of the investigation, the police submitted charge- sheet on 28.05.2025 against the petitioner under Section 64 & 87 of B.N.S, 2023. Thereafter, the case was taken up by the Hon’ble District & Sessions Judge, Udalguri and cognizance was taken and the charges were framed subsequently on 03.07.2025 and initiated the trial. However, none of the witnesses have been examined till date. 5. Mr. M.A.I Hussain, learned counsel for the petitioner submits that the petitioner has been inside since 15.05.2025 and that in the merits of the case, he submits that the petitioner and the victim were in a love relationship and that the victim had herself gone with the petitioner and stayed with him in a house wherein, they had established sexual intercourse. As such, he submits that the ingredients of none of the provisions i.e. Section 64 & 87 of B.N.S, 2023 are attracted in this case. 6. Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam, however, submits that charge-sheet is filed and the charges are framed and the case is at the evidence stage. He also Page No.# 3/4 submits that the statement of the victim, accordingly, may be seen before enlarging the petitioner on bail. He further prays that no bail may be granted to the petitioner, at this stage. 7. I have heard the learned counsel for both sides and carefully gone through the Case Diary. It is reflected that the victim, in her statement before the police, had stated that she was in love relationship with the petitioner and that she went with the petitioner without her husband knowing and stayed with him and established physical relations with him. In her statement before the Ld. Magistrate, she stated that while she was on her way to deposit money in the bank, the petitioner forcefully took her to Guwahati and established physical relations with her against her will. She also stated that the petitioner had told her that he would marry her and that if she does not agree then he would commit suicide. 8. In view of such contradictions in her statements, this Court finds it fit to release the petitioner on bail on furnishing a bail bond of Rs. 20,000/- with 1(one) local surety of like amount to the satisfaction of the Hon’ble District & Sessions Judge, Udalguri under the following conditions : (i) The petitioner shall not approach the victim or her family members at any point of time. (ii) The petitioner shall cooperate with the trial and appear before the Ld. Trial Court as and when called for. 9. In view of the above, petition stands disposed of. Page No.# 4/4 JUDGE Comparing Assistant