Page No.# 1/4 GAHC010176052026 2026:GAU-AS:13308 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2389/2026 ABU NASIR MD NAZMUL HUSSAIN AND ANR S/O. ABDUL MALIK, R/O. BHOJKHOWA, P.S. TEZPUR DISTRICT SONITPUR, ASSAM 2: BILLAL HUSSAIN S/O. ABDUL MALIK R/O. VILLAGE BHOJKHOWA P.S. TEZPUR DISTRICT SONITPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MD. I HUSSAIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.09.2026 1. Heard Mr. S.C. Biswas, learned senior counsel assisted by Md. I. Hussain, learned counsel appearing for the petitioners. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. Page No.# 2/4 2. By this application, the petitioners have prayed for grant of bail in connection with Tezpur P.S. Case No. 373/2026 corresponding to G.R. Case No. 854/2026 registered under Sections 319(2)/74/109(1)/351(2)/140(3)/62/3(5) of the BNS, 2023. 3. The FIR, in connection with which the petitioners were arrested, was lodged on 02.07.2026 by the father of the victim statinginter alia that accused No. 1 as arrayed in the FIR was in a love relationship with his daughter. Upon coming to know that accused No. 1 belonged to another community his daughter distanced herself from him. It was further stated that on 12.06.2026 at around 7:30 p.m. the petitioners along with accused No. 1 came in front of his house and attempted to kidnap his daughter. In the process, they allegedly tore her clothes and caught hold of the informant by his neck. It was further stated that when the informant raised a hue and cry, the accused persons including the petitioners fled from the place of occurrence. 4. Mr. S.C. Biswas, learned counsel appearing for the petitioners submits that the story narrated in the FIR is a concocted one. He submits that accused No. 1 and the victim were in a relationship and that the allegations levelled against the petitioners in the FIR are incorrect and unfounded. 5. Mr. R.J. Baruah, learned APP appearing for the State of Assam, however, submits that upon perusal of the statement of the victim recorded by the learned Magistrate, it is evident that she stated that on the date of the alleged occurrence, the petitioners had forcibly attempted to kidnap her and that her father had rescued her from being kidnapped. He has also placed before the Court the further statement of the victim wherein she stated that her father was Page No.# 3/4 also assaulted by the petitioners. 6. I have gone through the FIR as well as the records of the case and find as follows: The victim in her statement recorded by the police stated that while she was at home, accused No. 1 along with the petitioners came to her house in a vehicle and attempted to kidnap her by dragging her into the vehicle and that her father rescued her from being kidnapped. However, in her statement recorded before the learned Magistrate, the victim stated that she was going to the market when the petitioners along with accused No. 1 came in a vehicle and attempted to kidnap her.Thus, there appears to be a discrepancy in the statements of the victim with regard to the place and circumstances of the alleged occurrence. It is also seen that the petitioners have been in custody for the last 72 days. 7. In view of the aforesaid facts and circumstances, this Court deems it fit to release the petitioners on bail on furnishing a bail bond of Rs.20,000/- each with one local surety each of the like amount to the satisfaction of the learned CJM, Sonitpur subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer as and when called for, (ii)The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and (iii) The petitioners shall not leave their residence without prior permission of the Investigating Officer. Page No.# 4/4 8. Accordingly, this Bail Application is disposed of. JUDGE Comparing Assistant