Page No.# 1/3 GAHC010266742025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3897/2025 RAHUL ALI S/O MUKUT ALI R/O VILL AND P.O. CHIMINA P.S. PALASHBARI, DIST. KAMRUP, ASSAM, PIN-781122 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. J A AHMED, MR. K M HASSAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 04.12.2025 1. Heard learned counsel Mr. K. M. Hassan for the petitioner Rahul Ali. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 05.11.2025 in connection with Dispur Police Station Case No. 887/2025 under Section 87 of the BNS, Page No.# 2/3 2023. 3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the respondent State who has raised objection stating that Case Diary may be necessary to consider the bail petition. 4. It is submitted that the enquiry report depicts that the victim went away with the petitioner on her own volition. The enquiry report is a part of Annexure-2 submitted along with the petition. 5. However, I have considered the submission that the victim has already been recovered and her statement has been recorded vide order dated 05.11.2025. 6. A copy of the order of the learned Elaka Magistrate has been submitted which will form a part of this record. 7. It appears that bail may be granted to the petitioner. The petitioner has been behind bars since 30 days and investigation may have presumably progressed to some extent. The petitioner is a local resident and he is not a flight risk. The petitioner has pledged to abide by any stringent bail conditions if imposed upon him. 8. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the Jurisdictional Court/Elaka Magistrate under the conditions that: (i) The petitioner shall not exercise threats to the witnesses, and (ii) The petitioner shall co-operate with the remaining part of the investigation. Page No.# 3/3 9. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. 10. This application stands disposed of. JUDGE Comparing Assistant