ABBAS ALI AND 2 ORS. v. THE STATE OF ASSAM AND ANR
AB/540/2025 · 2025-03-12
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8827 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8827 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010048392025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/540/2025 ABBAS ALI AND 2 ORS. S/O SAHAJUDDIN, R/O BALIGAON, BECHIMARI, P.O. LALPUL BAZAR, PS. DALGAON, DISTRICT DARRANG, ASSAM 2: AMJAD ALI KHAN S/O GOLAP KHAN R/O VILL-GUMIR PATHAR
NALI GAON PS. AND DIST. BARPETA ASSAM 3: NILIMA KHATUN W/O AMJAD ALI KHAN R/O VILL-GUMIR PATHAR
NALI GAON
P.S. AND DIST.BARPETA ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:THE IN-CHARGE KAYAKUCHI POLICE OUT POST
UNDER BARPETA POLICE STATION
DIST. BARPETA ASSAM
Page No.# 2/3 PIN-78135 Advocate for the Petitioner : MR S M ABDULLAH P, A ISLAM,MD IMRAN,MR S H SIKDAR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.03.2025
Heard Mr. S M. Abdullah P., the learned counsel appearing for the petitioner. Also heard Mr. R R Kaushik, the learned Additional Public Prosecutor for the State of Assam. 2. Mr. Kaushik submits that no report as sought for by this Court on earlier occasions has not been received. 3. Mr. Abdullah submits that in this matter, police has registered the case being Barpeta PS Case No. 95/2025 under Sections 140(3)/3(5) of the BNS,2023. Mr. Abdullah has also produced a photocopy of the document in support of his submission, which is kept as part of the record. 4. According to Mr. Abdullah, the 18 years old girl, who was kidnapped had a love affair with one Dildar Hussain and she eloped with him on her own. 5. The girl has filed an affidavit, wherein she has stated that she was in love with the above-named person and she eloped with him on her own. 6. The present petitioner Abbas Ali is the father of Dildar Hussain, Amjad Ali Khan and Nilima Khatun is the aunt of Dildar Hussain. According to the present petitioners, they had apprehended that in this case, they might be arrested by police because their names are mentioned in the FIR. 7. I have considered the submissions made by the learned counsel of both sides in the light of the document produced by Mr. Abdullah. 8. This Court is of the opinion that for the allegations brought against the present petitioners, they do not deserve to be detained in custody. Therefore, their bail
Page No.# 3/3 application is allowed. 9.
It is hereby directed that in the event of arrest in connection with Barpeta PS Case No. 95/2025, the petitioners, namely, Abbas Ali, Amjad Ali Khan and Nilima Khatun shall be released on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the arresting authority. 10. The petitioner shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, the bail application stands disposed of. JUDGE Comparing Assistant