Page No.# 1/3 GAHC010180182026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2434/2026 MOFIDUL ISLAM ALIAS MOFIDUL ISLAM BHUYAN S/O MOKSED ALI BHUYAN, RESIDENT OF VILLAGE KHAJARTARI, P.S. KALGACHIA, DISTRICT BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, MS. R SULTANA,MR. M M ZAMAN,IMDADUL ISLAM,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 15.09.2026 Heard Mr. NJ Dutta, learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has sought for bail in connection with Sessions Case No. 56/2026 registered under Section 366 as well as 34 of IPC, Page No.# 2/3 pending before the Court of Sessions Judge, Barpeta arising out of Kalgachia P.S. Case No. 657/2018. The FIR in connection with which the petitioner was arrested and is put behind the bar since 02.06.2026 was lodged by the brother of the victim stating inter alia that on 17.07.2018, his sister went to the market to purchase goods and that the accused no.1 arrayed as such in the FIR proposed to marry her and that the petitioner and another picked her up in maruti vehicle and hid her in some unknown place. It was further stated that on the day of lodging of the ejahar, accused no.2 called the informant and informed that his sister will be taken to Gujarat. It was further alleged in the FIR by the informant that he suspects that the accused person has taken his sister and sold her to some trader and had also appropriated the jewellery that belongs to his sister. 3. The learned Counsel for the petitioner submits that the police on completion of the investigation had submitted charge sheet and in the charge sheet, the petitioner was shown as an absconder. He further submits that NBWA was issued against the petitioner and the same was executed, and the petitioner is put behind the bars on 02.06.2026 and since then the petitioner has been languishing in jail for the last 105 days. He submits that the trial has commenced and that the petitioner will participate in the same. 4. Mr. R.J. Baruah, learned Additional Public Prosecutor for the State, on perusal of the Case Diary submits that the materials are found against the petitioner for having abducted the sister of the informant with ulterior motives. He also submits that the petitioner had not cooperated with the investigation as well as the trial as he absconded himself and on that ground, his bail was rejected by the Trial Court. 5. Upon consideration of the submissions made by the learned Counsel for Page No.# 3/3 the parties, more so, in view of the long incarceration of the petitioner and also due to very less incriminating materials found against him, this Court deems it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of Trial Court, under the following conditions: i) the petitioner will appear before the Trial Court as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court. 6. Petition is disposed of. JUDGE Comparing Assistant