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2025 DAILYLAW 21481 (GAU)

MUBARAK ALI @ BABLU v. THE STATE OF ASSAM

Bail Appln./3724/2024 · 2025-01-05

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010259562024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3724/2024 MUBARAK ALI @ BABLU S/O SURAJ ALI SHEIK R/O LALMATI, GANESHPUR, BYLANE N. 2 NEAR DURGA MANDIR, P.S. BASISTHA, P.O. HATIGAON, DIST. KAMRUP (M), ASSAM PIN-781038 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : J S AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.01.2025 Heard Mr. S. Hussain, learned counsel appearing for the petitioner as well as Mr. D.Das, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner, Page No.# 2/2 Mubarak Ali @ Bablu has prayed for releasing him on bail, after he was arrested in connection with Basistha P.S. Case No. 730/2024. 3. A 15 year old girl was in love with the petitioner. Pursuant to their relationship, the girl eloped with him. Therefore, her father lodged an FIR before police alleging that her daughter has been kidnapped by some other persons. The girl has admitted in her statement before police that she was in love with the petitioner and has eloped on her own will. 4. I have considered the submissions made by the learned counsel of both sides. 5. This Court is of the opinion that under the given circumstances of the case, the present petitioner no longer deserves to be detained in custody. 6. Therefore, the bail application of the petitioner is allowed. 7. It is hereby directed that the petitioner, Mubarak Ali @ Bablu, who was arrested in connection with Basistha P.S. Case No. 730/2024 shall be released on bail of ₹ 20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Assam. 8. The bail application stands disposed of accordingly. JUDGE Comparing Assistant