Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./148/2025 KAMAL UDDIN S/O SIFOR ALI R/O VILL- CHANGMAJI PATHER, BHELOWGURI P.O. MODERTOLI, P.S. DOBOKA, DIST. HOJAI, ASSAM PIN-782440, MOB- 9365175271 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MR. H A TALUKDAR,MR. F A HASSAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.02.2025
Heard Mr. S.C. Biswas, the learned counsel appearing for the petitioner as well as Mr. RR Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam.
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2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Kamal Uddin has prayed for releasing him on bail after he was arrested in connection with Hojai P.S. Case No. 11/2025 corresponding to GR Case No. 34/2025.
3. An FIR was lodged on 10.01.2025, wherein it is alleged that the present petitioner and two other persons had kidnapped the 16 year old daughter of the informant.
4. The CD was called for but the same has not been received.
5. Mr. Biswas submits that the present petitioner works at Mumbai and he was maintaining relationship with the girl. According to the petitioner, the girl called the present petitioner and also threatened that if he does not come from Mumbai, she will commit suicide. Therefore, the petitioner came from Mumbai and the girl went with him.
6. Mr. Biswas submits that the girl was recovered on the same day and the petitioner has already spent 43 days in judicial custody.
7. I have considered the submissions made by the learned counsels of both sides.
8. The submission made by Mr. Biswas seems to have force in it. Under the given circumstances of the case, the bail application of the petitioner is allowed.
9. It is hereby directed that the petitioner, Kamal Uddin, who was arrested in connection with Hojai P.S. Case No. 11/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sankardev Nagar Hojai. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant