Page No.# 1/4 GAHC010081852026 2026:GAU-AS:6115 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1106/2026 NUR MAHAMMAD SHEIKH ALIAS NURMMAD SK AND 4 ORS. S/O HOSSEN ALI, R/O VILL POLASHGURI I, PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM 2: SAHIDUL AKOND ALIAS SAHIDUL AKAND S/O JAMALUDDIN AKOND R/O VILL CHITHILA BHABANISURA PS GOSSAIGAON DIST KOKRAJHAR ASSAM 3: NUR ISLAM SK ALIAS MD NUR ISLAM SK S/O MD ABDUL HANNAN R/O VILL NO I MATIAPARA PS GOSSAIGAON DIST KOKRAJHAR ASSAM 4: NUR HUSSAIN SHEIKH ALIS NUR HOSSAIN SHEIKH S/O LT JAMALAUDDIN SK R/O VILL NO 2 POLASHGURI PS GOSSAIGAON DIST KOKRAJHAR ASSAM 5: NAZRUL ISLAM S/O ALI AHMED R/O VILL NO I POLASHGURI PS GOSSAIGAON DIST KOKRAJHAR ASSA VERSUS Page No.# 2/4 THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MR. SURAJIT DAS,A MISHRA,MR A W AMAN,MR. A TARAFDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 05.05.2026 1. Heard learned Counsel Mr. A.Mishra for the petitioners 1. Nur Mahammad Sheikh @Nurmmad Sk, 2. Sahidul Akond @Sahidul Akand, 3.Nur Islam Sk @Md. Nur Islam Sk, 4.Nur Hussain Sheikh @Nur Hossain Sheikh and 5. Nazrul Islam who have filed this application under Section 483 of the BNSS, 2023 with a prayer for bail as they are behind bars since 11.04.2026 and 12.04.2026 in connection with Gossaigaon PS Case No. 68/2026 under Sections 137(2)/142 of the BNS. 2. Mr. B. Sharma, learned Addl.Public Prosecutor is present for the respondent State and has stated that this bail petition cannot be considered without the perusal of the case diary as the offence alleged against the petitioners is of a serious nature involving kidnapping of a minor victim. 3. Vide order dated 29.04.2026, instructions were directed to be obtained if POCSO has been added along with the sections under which the petitioners are booked. No report has been received as yet. It is submitted on behalf of the petitioners that they have voluntarily surrendered before the police as the police Page No.# 3/4 have contacted them. 4. I have considered the submissions at the bar. 5. I have also considered the submission that there is no allegation against the present petitioners in the FIR. The allegation is basically against the prime accused, Mannan Ali and the present petitioners are alleged to have provided logistic support to the prime accused. I have also considered the length of detention and the submission that the petitioners are willing to cooperate with the remaining part of investigation. It is also submitted that the victim has already been recovered and the order dated 20.04.2026 passed in Gossaigaon PS Case No.68/2026 clearly reflects that the victim has been recovered. 6. I have considered the length of detention. It appears that custodial detention of the petitioners may not be required for further investigation. 7. The petitioners named above shall be released on bail on furnishing bail bond of Rs.30,000/- each with a suitable local surety of like amount to the satisfaction of the learned Eleka Magistrate subject to the following conditions: i) That the petitioners shall co-operate with the investigation, ii) That the petitioners shall appear before the I.O. on every fortnight till completion of the investigation, iii) That the petitioners shall not tamper with the investigation and iv) That the petitioners shall not leave the jurisdiction of Page No.# 4/4 the Court without prior permission. 8. On breach of any of the above conditions, the learned Eleka Magistrate is at liberty to immediately cancel the bail granted to the petitioners. 9. In terms of the above observations, the bail application stands disposed of. JUDGE Comparing Assistant