Page No.# 1/4 GAHC010056032025 2025:GAU-AS:4854 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./792/2025 JAKIR HUSSAIN AND 3 ORS. S/O- LATE UMAR ALI R/O VILL- BHERAGAON, P.S. KALGACHIA, DIST. BARPETA, ASSAM 2: BATIN ALI SON OF NIYAT ALI R/O VILL- BHERAGAON P.S. KALGACHIA DIST. BARPETA ASSAM 3: ABU SHAMA S/OLATE JINNAT ALI R/O VILL- BHERAGAON P.S. KALGACHIA DIST. BARPETA ASSAM 4: SHAHIDUL ISLAM S/O LATE JINNAT ALI R/O VILL- BHERAGAON P.S. KALGACHIA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 23/04/2025 Heard Mr. N J Dutta, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioners, namely, (1) Jakir Hussain, son of Late Md. Umar Ali, (2) Batin Ali, son of Niyat Ali, (3) Abu Shama, son of Late Jinnat Ali and (4) Shahidul Islam, son of Late Jinnat Ali, all are resident of village-Bheragaon, P.S. Kalgachia, District-Barpeta, have filed this application under Section 483 of BNSS, 2023, on 12.03.2025, praying for their bail in Kalgachia Police Station Case No. 19/2025 registered under Sections 140(2)/3(5) of BNS, 2023 read with Sections 21(b)/29 of NDPS Act, 1985, wherein they were arrested on 18.02.2025 and are in custody since then. 3. As per the FIR dated 18.02.2025 lodged before the Officer-in-Charge of Kalgachia Police Station, the case is that on the night of 17.02.2025, a woman, namely, Alsana Begum Laskar, wife of Raboi Hussain Laskar from her mobile phone No. 8822343548 reported before the Kalgachia Police Station that her husband, Raboi Hussain Laskar has been abducted and made hostage by the accused persons, namely, Abu Shama and Ashraful @ Azadul Islam of Bheragaon village under Kalgachia Police Station and they have been sending videos and demanding ransom for release of her husband. Said information was accordingly registered as Kalgachia P.S. G.D. Entry No.21 dated 17.02.2025. Thereafter, police personnel from Kalgachia Police Station proceeded to the place of occurrence located at Bheragaon village along with village headman of said village and some other local people and reached the place of occurrence, conducted search in the house of the accused petitioner, Abu Shama and found the hostage, namely, Raboi Hussain Laskar in a pathetic condition where his hands were tied with rope and he was physically assaulted by the accused petitioners, who demanded ransom from said Alsana Begum Laskar, wife of Raboi Hussain Laskar for his release. During search of the place of occurrence, i.e., the house of the accused petitioner, Abu Shama, 9.4 gms. of suspected NDPS items was recovered from a plastic container and all the accused persons were arrested from the house of the said accused, Abu Shama and the suspected NDPS items were seized. Said FIR was Page No.# 3/4 accordingly registered as Kalgachia P.S. Case No. 19/2025 under Sections 140(2)/3(5) of BNS, 2023 read with Sections 21(b)/29 of NDPS Act, 1985. 4. Perused the up-to-date case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 5. On perusal of the case diary, it is seen that statements of said Raboi Hussain Laskar as well as his wife, Alsana Begum Laskar under Section 183 BNS were recorded by the learned Additional Chief Judicial Magistrate, Barpeta on 18.03.2025 during which both of them implicated the present accused petitioners and also stated that the accused petitioners made videos of the assault made on Raboi Hussain Laskar, who was made hostage in the house of the accused petitioner, Abu Shama and the said videos were sent to Alsana Begum Laskar in her mobile, demanding an amount of Rs.2,50,000/- from her for release of her husband, Raboi Hussain Laskar. 6. Also perused the medical examination report of the hostage, Raboi Hussain Laskar issued on 18.02.2025 by the Medical and Health Officer-I, Barpeta Civil Hospital, Kalgachia indicating that there are multiple contusion over left shoulder, contusion on his right leg, black eye on his right eye side and abrasion over his forehead. However, the said medical report did not indicate whether the injuries are grievious or not. 7. Since 18.02.2025, the petitioners are in custody for about 64 days. 8. Considering such materials in the case diary and the period of detention in custody since 18.02.2025, the Court is of the view that further custodial detention of the petitioners, named above, are not warranted to investigate the said Kalgachia P.S. Case No. 19/2025. As such, this bail application of the petitioners in said Kalgachia P.S. Case is accepted. 9. Accordingly, the petitioners, namely, (1) Jakir Hussain, son of Late Md. 8. Considering such materials in the case diary and the period of detention in custody since 18.02.2025, the Court is of the view that further custodial detention of the petitioners, named above, are not warranted to investigate the said Kalgachia P.S. Case No. 19/2025. As such, this bail application of the petitioners in said Kalgachia P.S. Case is accepted. 9. Accordingly, the petitioners, namely, (1) Jakir Hussain, son of Late Md. Umar Ali, (2) Batin Ali, son of Niyat Ali, (3) Abu Shama, son of Late Jinnat Ali and (4) Shahidul Islam, son of Late Jinnat Ali, be released on bail in said Kalgachia P.S. Case No. 19/2025 registered under Sections 140(2)/3(5) of BNS, 2023 read with Sections 21(b)/29 of NDPS Act, 1985, on furnishing a bail bond of Rs.75,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the learned Special Judge (NDPS), Barpeta, on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Kalgachia P.S. Case No. 19/2025 as and when they are required for necessary investigation of said Kalgachia P.S. Case; Page No.# 4/4 (ii) shall not leave the territorial jurisdiction of Kalgachia Police without obtaining prior written permission from the learned Special Judge (NDPS), Barpeta; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (v) shall not harm/threat the victim or the complainant or anyone of their family by them or by anyone acting on their behalf, in any manner and shall never come to the vicinity of the victim or the complainant or anyone of their family member; and (vi) shall not involve themselves in any criminal activities in future including possession or procurement, transportation and selling etc. of such NDPS items. 10. Violation of any of the aforesaid terms and conditions by either of the petitioners, (1) Jakir Hussain, (2) Batin Ali, (3) Abu Shama and (4) Shahidul Islam, the bail granted to them in the aforesaid Kalgachia P.S. Case No. 19/2025 shall stand automatically vacated. 11. Accordingly, this bail application stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant