Page No.# 1/4 GAHC010252582025 2025:GAU-AS:15560 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2721/2025 ZIADUR ISLAM S/O AZIAR ROHMAN, R/O VILL. FERANGGIRCHAR, HAZIRHAT, P.O. AND P.S. SUKCHAR, DIST. SOUTH SALMAR MANKACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. B CHOWDHURY, MR. M. ALOM,MR. O FARUK,MR. S R ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18-11-2025 Heard Mr. S. R. Islam, learned counsel for the accused applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4 2. This is an application filed under Section 482 BNSS, 2023 for granting pre-arrest bail to the accused applicant in connection with Sukchar P.S. Case No.58/2025, corresponding to G.R. Case No.348/2025, registered under Section 140(3) of BNS, 2023. 3. An FIR was lodged on 03.11.2025 by the informant alleging that the minor daughter, who was 17 years 8 months of age, was missing while going to her school. It was stated in the FIR that after she did not return home, the FIR was filed before the Sukchar Police Station. 4. It was seen from the note of one Sub-Inspector from the aforesaid police station that during the investigation, the minor daughter of the informant was, in fact, recovered from the house of the accused applicant from the same village. To the aforesaid effect, a note dated 03.11.2025 is found along with the FIR. 5. The learned counsel appearing for the accused applicant submits that the accused applicant was, in fact, involved in a love affair with the girl of the informant and the girl, in fact, voluntarily visited the house of the accused applicant. He further submits that the accused applicant is a student, studying in B.Sc. First year and he does have any criminal antecedents. He submits that there was no intention of kidnapping the girl as the accused applicant as well as the minor girl is from the same village and stays in the same locality. He further submits that no notice was issued by the police to him for appearance before them; however, since the FIR was filed and the girl was discovered from his house, he is apprehending his arrest. Therefore, he has filed this pre-arrest bail Page No.# 3/4 application for allowing him to go on bail. 6. Mr. P. Borthakur, learned Additional Public Prosecutor, on the other hand, submits that there is serious allegation against the accused applicant of kidnapping the minor girl and therefore, without perusing the case diary, the instant pre-arrest bail application should not be considered. 7. This Court has gone through the materials brought before the Court as well as heard the submissions made by the learned counsel appearing for the respective parties. After considering the fact that the girl, who was already 17 years 8 months of age at the time of filing of the FIR, and considering the fact that the girl has already been recovered on the same day from the house of the accused applicant, I am of the considered opinion that the accused applicant should be given the privilege of pre- arrest bail, at this stage. 8. Accordingly, it is directed that, in the event of arrest of the accused applicant, he shall be released on bail on furnishing a bail bond of Rs.20,000/-with a surety of like nature to the satisfaction of the Investigating Officer in connection with Sukchar P.S. Case No.58/2025, subject to the following conditions: 1) That the accused applicant shall appear before the concerned Investigating Officer within a period of 10(ten) days of passing of this order; 2) That the accused applicant shall not hamper or temper with the evidence of the instant case; and 3) That the accused applicant shall fully cooperate with the Page No.# 4/4 investigation of the case by appearing before the I.O of the case, as and when call for by the I.O. 9. In view of the aforesaid directions, the instant anticipatory bail application is disposed of as allowed. JUDGE Comparing Assistant