Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010204352025
2025:GAU-AS:13887
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2206/2025 NAJIR AHMED S/O ABDUL KHALEK R/O LAOPATHER P.S. MURAJHAR NILBAHAN, DIST. HOJAI, STATE- ASSAM, PIN- 782428 VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : TAWHID ALOM LASKAR, ASHRAFUL BORBHUYAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 16.10.2025
Heard Mr. T. A. Laskar, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarmah, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for
Page No.# 2/3 grant of pre-arrest bail to the accused-applicant, who is apprehending arrest in connection with Murajhar P.S. Case No. 145/2025, registered under Section 87 of the BNS, 2023. 3. The allegations as have been narrated in the FIR dated 11.06.2025 by the informant Jakir Hussain are that, the accused-applicant, who is a married person, induced her sister to elope with him and thereby took her to Longka Railway Station on 11.08.2025. When the informant found his sister missing from home, he tried to call his sister over mobile phone multiple times, but she could not be contacted. Thereafter, the informant has filed the instant FIR. 4. The learned counsel appearing on behalf of the accused-applicant submits that the girl who eloped with the accused-applicant was, in fact, in a love relationship with the accused-applicant and she had accompanied the accused- applicant voluntarily without any force or coercion from the accused-applicant. He further submits that the girl was later on, found in Longka Railway Station and she safely returned home. In view of the aforesaid, the learned counsel prays that this Court should grant pre-arrest bail to the accused-applicant. 5. The learned Addl. P.P., on the other hand, submits on the basis of the materials available in the Case Diary that the victim girl i.e., the informant’s sister has implicated the accused-applicant of forcefully taking her to the Railway Station. In view of the aforesaid, he submits that this is not a fit case for grant of pre-arrest bail to the accused-applicant as the victim girl involved in the instant matter is a minor. 6.
This Court has gone through the materials available on record as well as heard the submissions made by the learned counsels appearing for the respective parties. Page No.# 3/3
7. Taking into the fact that the girl had already returned to her family safely and was in a relationship with the accused-applicant, this Court is of the view that this is a fit case wherein, the accused-applicant should be granted pre-arrest bail with certain conditions for his co-operation with the Investigating Authority. In view of the aforesaid, in the event of arrest of the accused-applicant, he is directed to be released on bail on furnishing a bail bond of Rs. 30,000/-(Rupees Thirty Thousand only) with one surety of like amount to the satisfaction of the Arresting Authority. 8. It is also made clear that the accused-applicant shall appear before the Investigating Authority within a period of 10(ten) days of passing of the order. And, further co-operate with the investigation and shall make himself available for interrogation by the Investigating Officer as and when required. Needless to state that the accused-applicant shall not hamper or tamper with the prosecution evidence in any manner. 9. With the aforesaid, the instant bail application stands disposed of. JUDGE Comparing Assistant