Page No.# 1/2 GAHC010054512026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./770/2026 MD ATABUR ISLAM ALIAS ATABUR RAHMAN S/O HASEN ALI R/O NO. 2 NO. BORCHALA GAON, P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MD. SORIFUL ISLAM S/O MD. ABDUL MOZID R/O 2 NO. BORCHALA GAON P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, MR. P SAIKIA (LEGAL AID COUNSEL FOR R- 2),MR. A S TAPADER (R2),MOTIUR RAHMAN (R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.06.2026 Heard Mr. M H Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. P Saikia, the learned Legal Aid Counsel appearing for the respondent No.2. 2. This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Md. Page No.# 2/2 Atabur Islam @ Atabur Rahman has prayed for releasing him on bail, as he is facing trial in Special (P) Case No.182/2025 pending in the Court of the learned Special Judge (PoCSO), Lakhimpur, North Lakhimpur. 3. On 20.11.2024, the respondent No.2 had lodged an FIR before police alleging that on 27.09.2024, his 17 year old daughter had eloped with Md. Aminur Rahman @ Noor Ali and the present petitioner had helped both of them to run away. 4. It may be stated that in the year 2021, the girl had eloped with Md. Aminur Rahman @ Noor Ali for the first time. After her return, this time she again eloped with him. 5. The learned counsel for the petitioner has submitted that the girl has married Md. Aminur Rahman @ Noor Ali and both of them are leaving happily. The learned counsel further submits that he has been unnecessarily put behind the bar. 6. I have considered the submissions made by the learned counsels of both sides. 7. Under the aforesaid circumstances, this Court has decided to agree with Mr. M.H. Ahmed that the petitioner has been unnecessarily incarcerated in judicial custody. The petitioner no longer deserves to be detained in judicial custody. 8. Therefore, the bail application of the petitioner is allowed. 9. It is hereby directed that the petitioner Md. Atabur Islam @ Atabur Rahman, who is facing trial in Special (P) Case No.182/2025, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (PoCSO), Lakhimpur, North Lakhimpur. The bail application stands disposed of accordingly. JUDGE Comparing Assistant