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2025 DAILYLAW 5945 (GAU)

ABDUL SALAM PARAMANIK v. THE STATE OF ASSAM

Bail Appln./138/2025 · 2025-02-06

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010010442025 2025:GAU-AS:1274 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./138/2025 ABDUL SALAM PARAMANIK S/O SAMSUL PARAMANIK R/O VILL- BARTOLOWA P.S. KAJALGAON DIST. CHIRANG, BTR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 07-02-2025 Heard Mr. B.J. Mukherjee, learned counsel for the petitioner Abdul Salam Paramanik, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/3 06.01.2025 in connection with Bongaigaon Police Station Case No. 08/2025 registered under Section 61(2)(a)/319(2)/87/318(4)/299 of Bharatiya Nyaya Sanhita, 2023. 2. Heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent State. 3. I have considered the submissions at the bar. 4. It is submitted at the bar that the petitioner and the victim had a love relationship and the victim went with the petitioner on her own volition. 5. The allegation against the petitioner is that the petitioner posed himself as a Hindu person and lured the victim to marry her. Later the victim learnt that the petitioner is a Muslim. The victim then returned to her parental home, but on 02.01.2025, the petitioner again forcefully kidnapped the victim and forcefully took her signatures in order to convert her to Islam. 6. I have scrutinized the Case Diary. Investigation has progressed substantially. The merits of the case are not brought to the fore as investigation is still under progress. It appears that bail may be granted to the petitioner. 7. Considering all aspects, petition is allowed. 8. The petitioner shall be 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 Eleka Magistrate/jurisdictional Court under the conditions that :- (i) the petitioner shall appear before the Investigating Officer on every Page No.# 3/3 fortnight till completion of investigation, (ii) the petitioner shall refrain from such activities with which he is alleged, (iii) the petitioner shall not leave the jurisdiction of the Court without prior permission. 9. 9. On breach of any of the bail conditions, the Eleka Magistrate/jurisdictional Court is at liberty to immediately 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