Page No.# 1/4 GAHC010001122025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./45/2025 JAHIR UDDIN AND ANR S/O ABDUL RASHID R/O VILL- KHUDIGAON P.O. LAKHIGANJA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783345 2: NUR ALOM @ NUR ALOM SHEIKH S/O SAHAJAHAN ALI R/O VILL- KHUDIGAON P.O. LAKHIGANJA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN,MR N JAMAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.01.2025 1. Heard Mr. A. K. Azad, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioners, namely, 1. Jahir Uddin (detained behind the bars since 16.11.2024) and 2. Nur Alom @ Nur Alom Sheikh (detained behind the bars since 07.11.2024) in connection with Bharalumukh P.S. Case No. 188/2024 under Sections 61(2)/140(3)/103(1) of the BNS, 2023. 3. The gist of accusation in this case is that on 17.10.2024, one Miss Asiya Khatun had lodged an FIR before the Officer-in-charge of Bharalumukh Police Station, inter alia, alleging that the accused persons named in the FIR, namely, Md. Abdullah Ali and Md. Rofiqul Islam had kidnapped the daughter of the first informant and sold her somewhere else. Initially, the FIR was registered under Section 61(2)/140(3) of the BNS, 2023. However, during the course of investigation, the dead body of the victim girl was recovered and later on further sections were added to this case. 4. The learned counsel for the petitioners has submitted that the petitioners are not named in the FIR and in no way involved in the offence alleged in the FIR. He submits that against the petitioner No. 1, namely, Jahir Uddin, the allegations is that he offered shelter to prime accused persons of this case. Whereas, the petitioner No. 2, namely, Nur Alom @ Nur Alom Sheikh has been implicated only because he is relative of the main accused Rofiqul Islam. 5. The learned counsel for the petitioner has also submitted that the grandfather of Nur Alom is aged about 95 years is on his death bed and on that ground also he has prayed for bail. Page No.# 3/4 6. On the other hand, learned Additional Public Prosecutor has produced the case diary of Bharalumukh P.S. Case No. 188/2024 and has submitted that there are sufficient materials against both the petitioners in this case and, hence, he has vehemently opposed the grant of bail to the petitioners. 7. I have perused the materials available on record including the case diary of Bharalumukh P.S. Case No. 188/2024. 8. At this stage of investigation, there are materials on record to indicate that the petitioner No. 1, namely, Jahir Uddin had offered shelter to the prime accused of this case. Whereas, the petitioner No. 2, namely, Nur Alom @ Nur Alom Sheikh is alleged to have aided in the commission of the offence by the prime accused. 9. Considering the materials on record as well as the period of detention undergone by both the accused persons, this Court is of considered opinion that further custodial detention of the petitioner No. 1, namely, Jahir Uddin may not be necessary for the fair completion of the investigation, if he cooperates in the investigation. However, considering the materials available against the petitioner No. 2, namely, Nur Alom @ Nur Alom Sheikh, this Court is not inclined to grant bail to the petitioner No. 2, Nur Alom @ Nur Alom Sheikh at this stage. 10. In view of the above, the petitioner No. 1, Jahir Uddin is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner No. 1 shall co-operate in the investigation; (ii) That the petitioner No. 1 shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person Page No.# 4/4 from disclosing such facts before the Investigating Officer or to any Court, 11. With the above observation, this bail application is disposed of. 12. Send back the case diary. JUDGE Comparing Assistant