Page No.# 1/5 GAHC010050312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./709/2025 KANCHU MONDAL S/O LT. MOKSED MONDAL@ MOKSED ALI VILL-BAYJERALGA PT.III P.O NAYERALGA P.S. BILASIPARA, DIST. DHUBRI, ASSAM PIN-783348 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, A A AHMED,MR. A W MONDAL,MR A ALIM SK,MR K ISLAM Advocate for the Respondent : PP, ASSAM, Linked Case : AB/194/2025 KHAJA ALI ALIAS TOMSER ALI MONDAL S/O- LATE JAHAN MONDAL @SAHJAHAN ALI MONDAL VILLAGE- MAYERCHAR PART VII P.O- BAGRIBARI Page No.# 2/5 P.S- BILASIPARA DIST- DHUBRI ASSAM PIN-783349 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MR A ALIM SK Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : AB/195/2025 APESH ALI ALIAS AFESH ALI AND ORS S/O- LATE SURMAN ALI MONDAL VILLAGE-BOYJERALGA PART II P.O- BAGRIBARI P.S- BILASIPARA DIST-DHUBRI ASSAM PIN-783349 2: ASHRAF ALI @ ASHRAB ALI S/O- LATE MUJAHAR ALI VILLAGE- BAKPARA DINERALGA PART II P.O- CHUNARI P.S- LAKHIPUR DIST- GOALPARA ASSAM PIN-783129 3: EUSHUF ALI MONDAL @ EUSHUF ALI S/O- LATE JOYNAL ABDIN @ JOYNAL MONDAL Page No.# 3/5 VILLAGE-MAYARCHAR PART VI P.O- NAYERALGA P.S- BILASIPARA DIST-DHUBRI ASSAM PIN-783349 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : ABDUL ALIM SK Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.03.2025 Since all the applications arise out of the same FIR, the same are taken up together for disposal by this common order. 2. Heard Mr. M.U. Mondal, the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 3. These applications are filed under Sections 482 & 483 of the BNSS, 2023 seeking pre- arrest bail as well as regular bail in respect of Bilasipara P.S. Case No. 09/2025. 4. It is alleged in the FIR that on 09.01.2025, a boy named Shahinur Islam was allegedly kidnapped by the present petitioners. It is further alleged in the FIR that the kidnappers assaulted the boy and also demanded an amount of ₹2 lakhs as ransom. The petitioner Kanchu Mondal has already been arrested by police. 5. Mr. Mondal has submitted that on 23.01.2024, Sahinur Islam had stolen a pregnant cow Page No.# 4/5 belonging to the petitioner Khaja Ali @ Tomser Ali Mondal. Therefore, an FIR was lodged before police. Shahinur Islam was arrested by police, but later on he was released. Mr. Mondal has submitted that the FIR against the petitioners was filed as a counterblast to the earlier FIR lodged by Rafiqul Islam Mondal, the son-in-law of Khaja Ali. 6. Mr. Goswami has submitted that in the statement recorded u/s 183 of the BNS, 2023, the victim has implicated all the petitioners. According to Mr. Goswami, some witnesses have supported the prosecution case. 7. I have considered the submissions made by the learned counsel of both sides. 8. This Court is of the opinion that there are sufficient reasons to hold that the FIR against the present petitioners was filed as a counterblast to the earlier FIR lodged by Rafiqul Islam Mondal. 9. Therefore, under the given circumstances of the case, the petitioners do not deserve to be detained in custody. 10. Accordingly, the AB No.195/2025 filed by the petitioners Apesh Ali @ Afesh Ali, Ashraf Ali @ Ashrab Ali & Eushuf Ali Mondal @ Eushuf Ali and the BA No.709/2025 filed by the petitioner Kanchu Mondal are allowed. 11. It is hereby directed that the petitioner, namely, Kanchu Mondal, who was arrested in connection with Bilasipara P.S. Case No. 09/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned SDJM(M), Bilasipara. 12. It is further directed that in the event of arrest in connection with Bilasipara P.S. Case No. 09/2025, the petitioners, namely, Apesh Ali @ Afesh Ali, Ashraf Ali @ Ashrab Ali & Eushuf Ali Mondal @ Eushuf Ali shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority. 13. The petitioners Apesh Ali @ Afesh Ali, Ashraf Ali @ Ashrab Ali & Eushuf Ali Mondal @ Eushuf shall appear before Investigating Officer as and when called for. 14. It is further directed that pursuant to the interim bail granted by this Court in favour of the petitioner on 04.02.2025, Khaja Ali @ Tomser Ali Mondal has appeared before the Investigating Officer and has co-operated with the investigation. Therefore, he do not Page No.# 5/5 deserve to be detained in custody. The AB No.194/2025 is allowed. 15. Accordingly the interim order granted in favour of the petitioner, namely, Khaja Ali @ Tomser Ali Mondal on 04.02.2025 is hereby made absolute. He is directed to appear before the Investigating Officer as and when called for. With the aforesaid direction, all the applications are disposed of. JUDGE Comparing Assistant