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2026 DAILYLAW 12955 (GAU)

LALCHAN ALI v. THE STATE OF ASSAM

Bail Appln./2264/2026 · 2026-08-23

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010167632026 2026:GAU-AS:12138 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2264/2026 LALCHAN ALI S/O-AKKAS ALI R/O VILL-EKRABARI. PS-EKRABARI DISTRICT- UDALGURI, ASSAM. PH NO-8638381728. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S I BORA, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.08.2026 Heard Mr. S. I. Bora, the learned counsel for the petitioner and Mr. K. Baishay, the learned Addl. P.P. for the State. 2. By this application, the petitioner has prayed for bail in connection with Sessions Case No. 234/2022, corresponding to Boko P.S. Case No. 1245/2019, Page No.# 2/3 registered under Section 366 of IPC. 3. The First Information Report in connection with which, the petitioner is praying for bail was lodged by the mother of the victim on 03.12.2019, stating inter alia that his daughter, who was 16 years old was found absent from her residence and during search being made at various places, her daughter is stated to have contacted by calling from a mobile phone saying she was kidnapped by the petitioner and she was confined in an unknown place. The police on receipt of the said Ejahar, registered the same under Section 366 IPC, and on completion of the investigation, submitted Charge Sheet on 04.01.2020, by arraying the petitioner as the accused person. 4. The learned counsel for the petitioner submits that initially the petitioner was arrested and was enlarged on bail and that subsequently, he presented himself before the Courts but due to his physical ailment, he could not appear after the case was committed to the Sessions Judge and as such, he submits that NBWA was issued and the petitioner was re-arrested on 14.05.2026, and that since then the petitioner is inside the jail. Learned counsel further submits that the petitioner and the victim were in a relationship and that the victim voluntarily went with him on the date of occurrence. 5. Mr. K. Baishay, learned APP for the State, submits that that the petitioner did not appear before the Trial Court on various dates when he was on bail and that, he was arrested on the strength of the NBWA’s and that due to the said reason the case could not proceed. 6. Upon consideration of the submissions made by the learned counsel, Page No.# 3/3 moreso, on perusal of the Section 164 statement of the victim, this court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the Sessions Judge, Kamrup Amingaon under the following conditions: (i) He shall appear before the Trial Court on each and every date. (ii) He shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case. (iii) He will not leave the residence without the permission of the Sessions Judge, Kamrup Amingaon. 7. The Bail Application stands disposed of. JUDGE Comparing Assistant