Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010046832026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/499/2026 ABDUL KADDUS S/O NUR ISLAM R/O UTTAR KHATOWAL, P.O. UTTAR KAHTOWAL,P.S. RUPAHI, DIST. NAGAON, ASSAM, PIN-782124, MOB. NO. 8099081903. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:XXXXX D/O HABELUDDIN R/O KOROIBIL P.S. CHAYGAON DIST. KAMRUP ASSAM, PIN-781135 MOB. 690198559 Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, R KHA(R2),MS. P AHMED(R2),MR. M A I HUSSAIN(R2)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.03.2026 Heard Mr. A K Ahmed, learned counsel appearing for the petitioners. Also heard Mr.
Page No.# 2/2 Bhaskar Sarma, learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. M A I Hussain, the learned Amicus Curiae appearing for the respondent No.2.
2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioner, namely, Abdul Kaddus in respect of Chaygaon P.S. Case No. 321/2025.
3. The petitioner forcibly took away the victim girl on 16.10.2025. He even forcibly married her. After that, they kept moving to different places. He continued to have physical relationship with her on multiple occasions. Ultimately, on 28.10.2025, he abandoned the girl before the Rupahi Police Station.
4. Mr. Hussain has submitted that the victim had already married the petitioner and now the couple has been living peacefully.
5. Mr. Sarma has pointed out that the victim girl has implicated the petitioner in her statements recorded under Section 183 of the BNS, 2023.
6. I have considered the submission made by the learned counsel of both sides.
7. Therefore, at this stage, this Court is of the opinion that the petitioner does not deserve to be detained in custody.
8. Therefore, the prayer for pre-arrest bail is allowed.
9. It is hereby directed that in the event of arrest in connection with Chaygaon P.S. Case No. 321/2025, the petitioner Abdul Kaddus shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the arresting authority. He shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, the bail application is disposed of. The CD shall be returned.
JUDGE Comparing Assistant