Page No.# 1/3 GAHC010141022025 2026:GAU-AS:217 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2126/2025 JILLAL HUSSAIN ALIAS JELLAL ALI SON OF SOBED ALI, R/O MANDARPARA BHOWRAGURI P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTAD, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:SEKANDAR ALI SON OF LT SHAJ ALI SK R/O JAMUNTARY P.S. GOSSAIGAON DIST. KOKRAJHAR BTAD ASSA Advocate for the Petitioner : MR P K DAS, Advocate for the Respondent : PP, ASSAM, MS. R CHOUDHURY, AMICUS CURIAE FOR R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.01.2026 Heard Mr. P. K. Das, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. PP for the State. 2. Ms. R. Choudhury, learned Amicus Curiae is present for respondent no.2. 3. By this petition under Section 483 BNSS, the accused-petitioner, namely, Jillal Hussain @ Jellal Ali who was arrested on 24.04.2025 in connection with Gossaigaon PS Case No. 55/2025 under Section 137(2)/65(1) of the BNS, 2023 read with Section 6 of the POCSO Act. 4. The allegation against the petitioner is that he kidnapped the minor daughter of the informant aged about 15 years on a motor cycle and took her to Gujarat by Train where they spent around 5 (five) days. Thereafter, they returned and the victim stayed with the accused petitioner along with the previous wife of the petitioner. Subsequently, the informant along with the police, recovered her from the house of the petitioner. 5. It is submitted on behalf of the petitioner that the story of kidnapping is not believable as a grown-up girl aged about 15 years cannot be forcibly kidnapped by the petitioner on a motor cycle, and that this was a case of elopement pursuant to a love affair. 6. On the other hand, the learned Additional Public Prosecutor submits that on the basis of the school certificate of the victim, she appears to be a minor. Page No.# 3/3 7. It appears that the case has been charge-sheeted, but due to vacancy in the concerned Special Court, the charge is yet to be framed and in the meantime, the petitioner has already spent 258 days behind Bars. 8. Having regard to the above, further detention of the petitioner is not warranted. Accordingly, the prayer for bail is allowed. 9. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of like amount to the satisfaction of learned Special Judge (POCSO), Kokrajhar subject to the following condition- (1) The petitioner shall not try to contact the victim or intimidate the witnesses in any manner. 10. In terms of the above observation, the bail application stands disposed of. JUDGE Comparing Assistant