Page No.# 1/3 GAHC010249152025 2025:GAU-AS:16721 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3682/2025 QUMRUL HOQUE ALIAS KAMRUL HAQUE ALIAS TAJU S/O RAFIQUE UDDIN @ RAFIK UDDIN R/O VILL BAGHARSANGAN, PS PATHARKANDI, DIST SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MD A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04-12-2025 Heard learned counsel Mr. M.A.I. Hussain for the petitioner Qumrul Hoque @ Kamrul Haque, who has filed this application with prayer for bail as he has been behind bars since 17.10.2025 in connection with Patharkandi Police Station Case No. 47/2025 registered under Sections 61(2)/140(1) of Bharatiya Nyaya Page No.# 2/3 Sanhita, 2023. 2. Heard learned Additional Public Prosecutor Ms. N. Das for the respondent State, who has raised serious objection, stating that the petitioner is booked under a heinous offence and other accused are yet to be apprehended. It is submitted that if the petitioner is released on bail, the petitioner may influence the witnesses and the investigation may be affected. 3. It is submitted that there are incriminating materials of gruesome conduct on the part of the petitioner and bail may not be granted to the petitioner considering his aggressive nature. 4. It is submitted on behalf of the petitioner that the petitioner may be granted bail on the ground of party. The petitioner is also willing to abide by any stringent bail conditions, if imposed upon him. 5. I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. The allegation against the petitioner is that he has kidnapped Alal Uddin and Faij Uddin and he inhumanly tortured them for a ransom of Rs.10,00,000/- (Rupees Ten Lacs). 6. I have considered the progress of investigation and the length of detention. It appears that further custodial detention may not be required for the progress of investigation. I have considered the submissions that the petitioner is a local resident and he is not a flight risk. 7. In view of the foregoing discussions, petition is allowed. Page No.# 3/3 8. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sribhumi under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission and, (iv) the petitioner shall not exercise threats to the witnesses or try to tamper with the evidence. 9. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioner. 10. In terms of the above observation, this Bail Application stands disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant