Page No.# 1/5 GAHC010124162026 2026:GAU-AS:10128 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1654/2026 ABUL SALAM S/O- RAHMATULLAH ALI. R/O- BHERUADAL PT-1, P.S.- SIPAJHAR, P.O.- DUNI, DIST.- DARRANG, ASSAM, PIN- 784148 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR R HOQUE, MR A DAS,S AHMEDA Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./1542/2026 DALNUR HUSSAIN SON OF ISMAIL ALI RESIDENT OF KARIMCHOWK WARD NO. 6 P.S. MANGALDAI DISTRICT DARRANG ASSAM Page No.# 2/5 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR. A CHAUDHURY Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./1624/2026 ROZAMIL ALI AND ANR S/O- AFJAL ALI R/O- VILLAGE BHUKTABARI P.S.- SIPAJHAR DISTRICT- DARRANG ASSAM 2: ASADULLA ALI S/O- AJIJUL HOQUE R/O- VILLAGE NIZ RANGAMATI P.S.- MANGALDAI DISTRICT- DARRANG ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/5 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23-07-2026 Heard learned counsel Mr. R. Hoque for the petitioner Abul Salam in Bail Appln.1654/2026; learned counsel Mr. B.K. Mahajan for the petitioner Dalnur Hussain in Bail Appln. 1542/2026 and learned counsel Mr. M. Ahmed for the petitioners Rozamil Ali and Asadulla Ali in Bail Appln. No. 1624/2026. 2. Heard learned Additional Public Prosecutor Mr. R.J. Baruah for the respondent State. 3. It is submitted on behalf of the petitioners that they have been arrested on 28.05.2026 in connection with Hatigaon Police Station Case No. 99/2026 under sections 61(2)/140(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is submitted that all the petitioners were in police custody for five days and thereafter, the petitioners were forwarded to judicial custody after thorough investigation. Thus, further custodial detention is not required for investigation as during police custody, the petitioners have been thoroughly interrogated. 4. It is submitted on behalf of the petitioners that the allegation against the petitioners does not fall under Section 140(2) of the BNS, but it is covered by Section 127(8) of the BNS. 5. Learned counsel for the petitioners have submitted that the submissions of the learned Additional Public Prosecutor that the petitioners’ custody is necessary to apprehend the prime accused Injamul Hoque, cannot be accepted. Page No.# 4/5 6. Per contra, learned Additional Public Prosecutor Mr. R.J. Baruah has submitted that the petitioners are involved in kidnapping Nasir Ahmed @ Juman Ahmed. It is submitted that although the demand of Rs.5,00,000/- (Rupees Five Lacs) was made to rescue the kidnapped victim Juman Ahmed @ Nasir Ahmed, the payment was not made. However, this case falls under Section 140(2) of the BNS as the victim was kidnapped for ransom. 7. Learned Additional Public Prosecutor has raised serious objection, stating that the investigation which is under progress may be adversely affected if all the petitioners are released on bail. Learned Additional Public Prosecutor has also submitted that the statement of the victim has been recorded under Section 183 of the BNSS and he has clearly implicated the petitioners. 8. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Indeed, there are incriminating materials in the Case Diary against the petitioners. Investigation has progressed substantially. 9. The allegation against the petitioners is that they have kidnapped the victim Juman Ahmed @ Nasir Ahmed for a ransom of Rs.5,00,000/- (Rupees Five Lacs) on the behest of Injamul Hoque @ Rahul. 10. I have considered the submissions that the petitioners have been thoroughly interrogated during the police remand. I have considered the submissions that the petitioners are local residents and they are not flight risks. The petitioners are willing to abide by any stringent bail conditions if imposed upon them. 11. Considering the entire aspect, all the petitioners are enlarged on bail on Page No.# 5/5 furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Illaqa Magistrate/Jurisdictional Court under the conditions that :- (i) the petitioners shall cooperate with the remaining part of investigation; (ii) the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation; (iii) the petitioners shall refrain from such activities with which they are alleged; (iv) the petitioners shall not exercise threats to the witnesses or try to influence them and; (v) the petitioners shall not leave the jurisdiction of the Court without prior permission. 12. On breach of any of the bail conditions, the Court is at liberty to cancel the bail granted to the petitioners. 13. In terms of the above observation, the Bail Applications stand disposed of. 14. Send back the Case Diary. JUDGE Comparing Assistant