Page No.# 1/2 GAHC010003412025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./58/2025 PARESH KALTA @ DHAN S/O LATE KHAGEN KALITA R/O SWAHID NAGAR, NEAR SALBARI NO. 2, P.S. NOONMATI DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M KALITA, MS B.G. BARUAH,MS K GURUNG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.02.2025 1. Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. By filing this bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the petitioner Paresh Kalita @ Dhan, who is facing trial in Sessions Case No.474/2013 pending in the Court of learned Additional Sessions Judge, No.3, Kamrup(Metro) has prayed for releasing him on bail. 3. An FIR was lodged against the present petitioner alleging that he had kidnapped Page No.# 2/2 the 14 years old daughter of the informant. The girl has stated in her evidence that on the day of occurrence, the petitioner took her to his house in a bicycle where she stayed for the next 2 to 3 days and after that she was taken to Tamulpur in a car and they stayed for about 25 days there subsequently the mother of the accused handed over the girl in the Noonmati Police Station. 4. The girl has also stated in her evidence that she is in love with another person and hearing that, the present petitioner handed her over to his mother. 5. The learned counsel for the petitioner submits that in this Case, the informant and the Police Investigating Officer have expired. 6. The learned counsel for the petitioner further submits that 6 (six) witnesses are already examined. 7. It is submitted that the petitioner has already spent more than 4 (four) months in Judicial Custody. 8. I have considered the submissions made by learned counsel for both sides and perused the materials available on record. 9. This Court is of the opinion that under the given circumstances the petitioner does not deserve to be detained in custody for further period of time 10. Accordingly, the petitioner Paresh Kalita @ Dhan, who is facing trial in respect of Sessions Case No.474/2013 pending in the Court of learned Additional Sessions Judge, No.3, Kamrup(Metro), shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, No.3, Kamrup(Metro). 11. The present bail application stands disposed of. JUDGE Comparing Assistant