Page No.# 1/3 GAHC010278932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3959/2024 BHUBAN SARMAH ALIAS SHARMA ALIAS GHIMIRE S/O- LATE BHABANI SARMAH, R/O- GOMARI MIRIPATHAR, P.S- HELEM, DIST-BISWANATH, ASSAM, PIN-784172 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : DITUL DAS, MS TINLUNG,MR. DITUL DAS Advocate for the Respondent : PP, ASSAM, MR. B J TALUKDAR (INFORMANT) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.01.2025 Heard Mr. D.Das, learned counsel for the petitioner and Mr. D.Das, learned Additional Public Prosecutor for the respondent No.1. Also heard Mr. B.J.Talukdr, learned counsel for the respondent No.2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner Bhuban Sarmah @ Sharma @ Ghimire praying for releasing him Page No.# 2/3 on bail after he was arrested in connection with Helem PS Case No. 94/2024 (GR No.315/2024) under Section 143(4)/3(5) of the BNS, 2023. The informant has lodged an FIR that his minor daughter was taken to the State of Arunachal Pradesh. The father of the present petitioner and another person called Bharat Chetri and offered him to pay money and so being tempted by offering money, the informant sent his daughter to Arunachal Pradesh. But after some day, no money was paid to the informant. Therefore, the informant requested those persons to return his daughter. It may be stated that the girl has already been recovered by police. I have considered the submissions of both the sides. On a plain reading of the FIR, it is clear in the face of the record that to earn money, the father of the girl had sent her to Arunachal Pradesh and when the money was not paid, he lodged the FIR . So, it can be presumed that if the money was paid, he would not have lodged this complaint. This court is of the opinion that in the given circumstances of the case, the petitioner therefore, no longer deserves to be detained in custody. The bail application is hereby allowed. The petitioner Bhuban Sarmah @ Sharma @ Ghimire who was arrested in connection with the aforesaid case shall be released on bail of Rs.25,000/- to the satisfaction of the learned JMFC, Gohpur. With the aforesaid direction, the bail application is disposed of. Return the case diary. JUDGE Page No.# 3/3 Comparing Assistant