Page No.# 1/4 GAHC010194172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2072/2025 MAGAL ALI AND ORS S/O NASHER ALI R/O VILL KANDULIYA PS KALGACHIA DIST BARPETA ASSAM 2: FULCHAN ALI ALIAS FULCHAN BADSHA S/O FORJAN ALI R/O VILL TAPESHWARA THE STATE OF ASSAM 3: MAMTA KHATUN ALIAS MAMATAJ BEGUM W/O FULCHAN ALI R/O VILL TAPESHWARA THE STATE OF ASSA VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29.08.2025 1. Heard Mr. A. K. Azad, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioners, namely, (1) Magal Ali , (2) Fulchan Ali Alias Fulchan Badsha, and (3) Mamta Khatun Alias Mamataj Begum, who are appending their arrest in connection with the Kalgachia Police Station Case No. 105/2025 registered under Sections 140(3)/3(5) of the BNS, 2023. 3. The gist of the accusation in this case is that the father of the victim girl had, on 19.08.2025, lodged an FIR before the Officer-in-Charge of Kalgachia Police Station, inter-alia, alleging that the accused No.1, named in the FIR, namely, Rakibul Islam had enticed the minor daughter of the informant and on 11.06.2025, in the absence of the family members of the informant, kidnapped her and took her to Goalpara with the help of petitioner Nos.2 and 3. 4. It is also alleged in the FIR that thereafter, petitioner No.3 took back the victim girl to the house of the informant. 5. It is also alleged in the FIR that the informant has lodged a complaint (Bichar), however, nothing has been done in the said bichar. 6. The learned counsel for the petitioners has submitted that the petitioners are in no way involved in the offence alleged in the FIR and main allegations are levelled against the accused No.1 in the FIR. The petitioner No.1 in this case is the father of the accused No.1 and petitioner No.2 is the brother- in-law as well as petitioner No.3 is the elder sister of the accused No.1. 7. He submits that the accused No.1 has already been arrested and because he was juvenile at the date of his arrest, he was produced before the Juvenile Justice Board. 8. The learned counsel for the petitioners has submitted that it was the petitioner No.3 who after coming to know about kidnapping of the victim girl Page No.# 3/4 took back the victim girl to her house. 9. It is submitted that all the petitioners are ready to cooperate in the investigation. 10. On the other hand, the learned Additional Public Prosecutor submits that on perusal of the FIR and the materials annexed along with the bail application, it appears that the impugned accusation has been levelled against the accused No.1 Rakibul Islam. 11. I have considered the submissions made by the learned counsel for both sides. 12. It appears that the main accusation in this case is against one Rakibul Islam who has been named as accused No.1 in the FIR and it also appears that it was the petitioner No.3 who took back the informant to her house. 13. Considering the materials available in the Court, this Court is of the opinion that if the petitioners cooperate in the investigation, their custodial interrogation may not be necessary for the fair completion of the investigation of the Kalgachia Police Station Case No. 105/2025. 14. Hence, this anticipatory bail application is disposed of with a direction to all the three petitioners to appear before the Investigating Officer of Kalgachia Police Station Case No. 105/2025 within a period of ten days from the date of this order and cooperate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the Kalgachia Police Station Case No. 105/2025, they shall be allowed to go on a bail of Rs. 30,000/- (Rupees Thirty Thousand only) each with one surety of like amount subject to the satisfaction of the arresting authority with the following conditions:- i. The petitioners shall co-operate in the investigation, Page No.# 4/4 ii. The petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to 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. 15. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant