Page No.# 1/3 GAHC010117192026 2026:GAU-AS:10692 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1527/2026 JAMIR UDDIN ALIAS HUSSAIN AND ANR S/O. EKRAM ALI, R/O. VILLAGE DOLGRAM, P.S. RATABARI, DISTRICT SRIBHUMI, ASSA 2: RAJU HOQUE S/O. SATTAR ALI R/O. VILLAGE KAROLA P.S. NAYARAHAT DISTRICT BEHAR WEST BENGAL VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. S SEAL, MS. J CHETTRY,MS. S KANUNGOE,MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 03.08 . 2026 Heard Mr. B. Chowdhury, learned counsel for the petitioners and Mr. M.P Goswami, learned Addl. Public Prosecutor, Assam for the State respondent. Page No.# 2/3 2. This bail application has been filed by the petitioners namely, Jamir Uddin @ Hussain and Raju Hoque under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Kalain P.S. Case No. 28/2026 under Section 140 (2) / 3 (5) of BNS, 2023. 3. The gist of the prosecution case is that on 04.03.2026 at about 7:00 P.M., the husband of the informant, namely Abdul Mannan Barbhuiya, left for Guwahati in a Scorpio vehicle along with certain named persons. Thereafter, his mobile phone became unreachable and despite search he could not be traced. Subsequently, the informant allegedly received a telephone call demanding a ransom of ₹10,00,000/- for securing the release of her husband. During investigation, it allegedly transpired that the victim had been kidnapped and wrongfully confined at the residence of co-accused Harun Rashid and Sarifa Begum. Upon completion of investigation, the Investigating Officer submitted charge-sheet under Sections 140(2)/3(5) of the BNS against the accused persons. 4. It is submitted by learned counsel for the petitioner that co-accused of this case Afsar Hussain Barbhuiya was granted pre arrest bail by the learned Addl. Sessions Judge, FTC, Cachar vide order dated 28.07.2026, a copy of which has been placed before the Court. 5. It is further submitted that since the investigation is over and the petitioner has spent 91 days in custody, he may be considered release on bail. 6. The scanned copy of TCR is call for has been received. 7. Upon perusal of the statements of the witnesses as well as the charge- sheet it appears that the petitioners were arrested on the basis of call records only, besides the statements of co-accused which are not admissible in Page No.# 3/3 evidence. 8. Having regard to the aforesaid materials as well as the period of detention and also considering the fact that another co-accused has been granted pre- arrest bail, the prayer for bail is allowed. They shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifteen thousand) only with 2 (two) sureties each of the like amount to the satisfaction of the concerned Magistrate/Court, Cachar, Silchar, Assam. 9. It is further provided that the petitioners shall cooperate with the trial and they shall not influence any witnesses acquainted with this case, in any manner. 10. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant