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2026 DAILYLAW 15831 (GAU)

JAYNUDDIN ALI v. THE STATE OF ASSAM

Bail Appln./2915/2026 · 2026-10-04

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010207992026 2026:GAU-AS:14820 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2915/2026 JAYNUDDIN ALI S/O- LATE ABDUL JALIL R/O VILLAGE - BORJOKHAL P.S- DOTMA DISTRICT - KOKRAJHAR, BTR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR A ALAM,MR. B HUSSAIN,MR R A AHMED,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 05.10.2026 1. Heard Mr. N.J. Dutta, learned counsel appearing for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for bail in connection with Sessions Case No. T2/75/2026 arising out of Fakiragram P.S. Case No. 22/2026 Page No.# 2/3 registered under Sections 64(1)/87/318(4) of the BNS, 2023 corresponding to G.R. Case No. 196/2026. 3. The FIR in connection with which the petitioner was arrested was lodged by the father of the victim stating inter alia that the petitioner by alluring his daughter had taken her to the house of one Anaj Ali and subjected her to a physical relationship. He further stated that the petitioner had attempted to take his daughter to Gujarat and that at the railway station, the petitioner fled away following which his daughter was recovered. Upon completion of the investigation, the police submitted a charge-sheet against the petitioner under Sections 318(4) and 64(1) of the BNS, 2023. It is further seen that pursuant to the submission of the charge-sheet the learned Sessions Judge, Kokrajhar has framed charges against the petitioner. 4. Mr. R.J. Baruah, learned APP on the other hand opposes the prayer for bail on the ground that the allegations against the petitioner are writ large from the FIR as well as the charge-sheet. 5. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that it appears that the petitioner and the victim were in a relationship and that there was an assurance on the part of the petitioner to marry the victim and also considering the fact that the petitioner has been in custody since 10.06.2026, this Court is inclined to enlarge the petitioner on bail. Accordingly, the petitioner shall be released on bail on furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) with one local surety of the like amount to the satisfaction of the learned Sessions Judge, Kokrajhar subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer as Page No.# 3/3 and when called for, (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and (iii) The petitioner shall not leave his place of residence without the prior permission of the Investigating Officer. 6. Accordingly, this Bail Application stands disposed of. JUDGE Comparing Assistant