Research › Search › Judgment

Gauhati High Court · body

2099 DAILYLAW 3 (GAU)

AFTAR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./2099/2026 · 2026-07-29

Shamima Jahan

body2099

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010153722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2099/2026 AFTAR HUSSAIN S/O LATE FOIJUL HOQUE, RESIDENT OF VILLAGE SIMALUGURI, P.O. SIMALUGURI, P.S. KACHUA, DISTRICT NAGAON, ASSAM, PIN-782426. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : S I AKAND, MS R KALITA,MS D KALITA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 30.07.2026 Heard Mr. S.I. Akand, learned Counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for bail in connection with Mariani P.S. Case No. 58/2026 registered under Section 87 of the BNS, 2023. The FIR dated 09.06.2026 lodged by the mother of the victim reveals that the Page No.# 2/3 victim went out towards the market on 07.06.2026 at about 02:00 pm and she was missing thereafter. She further stated that search was made but her daughter was not found and upon inquiry, it came to her knowledge that her daughter was kidnapped by the petitioner. 3. The learned Counsel for the petitioner submits that the daughter of the informant was in love relationship with the petitioner and on her own volition, she had gone with the petitioner and he further submits that the victim girl was staying with the mother of the petitioner. 4. Mr. D.P. Goswami, learned Additional Public Prosecutor for the State however submits that the victim is a minor girl of 16 years 10 months and he prays that the statement of the victim may be looked into before the allowing the petitioner to go on bail. 5. Upon consideration of the submissions made by the learned Counsels for the parties, more so, in view of the fact that the petitioner was 19 years of age and also due to the fact that petitioner has been inside the jail since 10.06.2026, which shows that the interrogation of the petitioner is over and also due to the fact that it is established that there is love relationship between victim and the petitioner, this Court finds it fit to enlarge the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of SDJM(M), Titabor under the following conditions: i) the petitioner will appear before the Investigating Officer as and when call for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. Page No.# 3/3 iii) the petitioner will not leave the place of jurisdiction without the permission of the said Court i.e. SDJM(M), Titabor. iv) although it is seen that the victim is a minor but in the facts and circumstances of the case, this Court has decided to enlarge the petitioner on bail. 6. Petition is disposed of. JUDGE Comparing Assistant