Hanif Ali and 2 Ors. v. the State of Assam

Gauhati HC25 Aug 2025AB/1691/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted; Gauhati High Court; Justice Shamima Jahan; AB/1691/2025; decided 26.08.2025; Kusumara P.S Case No. 28 of 2025; Sections 87/351(3)/3(5) BNS 2023; kidnapping of minor girl; F.I.R dated 25.06.2025; no complicity of petitioners in case diary or witness statements; bail bond Rs. 20,000 with one local surety; conditions to appear before I/O within 7 days and not tamper with evidence or influence witnesses.

What did the court decide?

Pre-arrest bail granted to the petitioners on furnishing a bail bond of Rs. 20,000/- with 1 local surety of like amount, subject to conditions of cooperating with the investigation, appearing before the I/O within 7 days, and not tampering with evidence or influencing witnesses. ¶¶29

Hanif Ali and 2 Ors. Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶29

Issue for consideration

Whether the petitioners are entitled to pre-arrest bail in connection with Kusumara P.S Case No. 28 of 2025 registered under Section 87/351(3)/3(5) of BNS, 2023. +1 more

¶¶18

Court's answer

The petitioners may be released on bail on furnishing a bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the arresting authority, on conditions that they cooperate with the investigation and appear before the I/O within 7 days from the date of the order, and that they do not tamper with the evidence or influence the witnesses connected with the case.

¶¶26

Ratio / Principle

Although the F.I.R alleged that accused No. 1, with the help of accused No. 4 (petitioner No. 3), kidnapped the minor daughter of the informant, the Case Diary and the statements of the witnesses do not reflect the complicity of the petitioners; the witnesses stated that it was accused No. 1 mentioned in the F.I.R who had taken the victim.

¶¶25

Detailed headnote1 paragraphs

Pre-arrest bail — Gauhati High Court (Shamima Jahan, J.) disposed of an anticipatory bail application by three petitioners (contended by counsel to be the father, brother and maternal uncle of accused No. 1) in connection with Kusumara P.S Case No. 28 of 2025 registered under Section 87/351(3)/3(5) of BNS, 2023, arising from an F.I.R dated 25.06.2025 alleging kidnapping of a minor girl on 07.06.2025. The Court noted that although the F.I.R alleged accused No. 1, with the help of petitioner No. 3 (accused No. 4), kidnapped the victim, the Case Diary and witness statements did not reflect the petitioners' complicity, the witnesses stating that accused No. 1 alone had taken the victim. Petitioners permitted to be released on bail on furnishing a bail bond of Rs. 20,000/- with 1 local surety of like amount, on conditions of cooperating with the investigation and appearing before the I/O within 7 days, and not tampering with evidence or influencing witnesses.

Page No.# 1/3

GAHC010155992025

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : AB/1691/2025

¶6

HANIF ALI AND 2 ORS S/O LATE ABDUL KADAR

¶7

R/O VILL- MANDIRA NC, MALIBARI PATHAR, P.O. MALIBARI PATHAR, P.S. BOKO, DIST. KAMRUP, ASSAM

¶8

2: SOHOR ALI S/O HANIF ALI R/O IVLL- MANDIR ANC MALIBARI PATHAR P.O. MALIBARI PATHAR P.S. BOKO DIST. KAMRUP ASSAM

¶9

3: FAJAR ALI S/O LATE SAGAR R/O VILL- KHOLABANDHA NONKE P.S. KASUMARA DIST. BARPETA ASSA VERSUS

¶10

THE STATE OF ASSAM REP BY THE PP, ASSAM

¶11

Advocate for the Petitioner : MR. A M KHAN, S RAHMAN,MR. R ISLAM,MR S ISLAM Advocate for the Respondent : PP, ASSAM,

¶12

Page No.# 2/3

¶13

BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

¶14

ORDER

¶15

Date : 26.08.2025

¶16

Heard Mr. N.J Dutta, learned counsel for the petitioner.

¶17

Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶18

By this application, the petitioner has prayed for pre-arrest bail in connection with Kusumara P.S Case No. 28 of 2025 registered under Section 87/351(3)/3(5) of BNS, 2023.

¶19

The F.I.R dated 25.06.2025 lodged by the father of the victim reveals that on 07.06.2025, his minor daughter, who was on her way to her aunt’s house, was kidnapped by the accused No. 1 with the help petitioner no. 3 and was taken to the house of the petitioner No. 1 & 2.

¶20

The informant further states that since then the minor daughter did not return home and that they searched and went to the house of the petitioner No. 1 & 2 who promised that they would rescue the informant’s minor daughter but they did not do the same. It was further stated that the informant contacted the accused thereafter, but they were threatened by them.

¶21

Mr. N.J Dutta, learned counsel for the petitioner submits that the allegations were against accused No. 1 who is stated to have a love relationship with the victim and he states that the petitioners, who are the father, brother and maternal uncle of the accused no. 1, had no role in the said offence.

¶22

Mr. D.P Goswami, learned Additional Public Prosecutor for the State of Assam fairly submits by perusing the Case Diary that witnesses were examined and most of them have stated that accused No. 1 had taken away the

¶23

Page No.# 3/3

¶24

daughter of the informant and that none of the witnesses have stated about the complicity of the petitioners in the said offence.

¶25

I have heard the learned counsel for both the sides and have carefully gone through the records. In the F.I.R, although it is stated that accused No. 1, with the help of accused No. 4, i.e. the petitioner No. 3 had kidnapped the minor daughter of the informant, but, in the Case Diary and in the statement of the witnesses, the same is not reflected. The witnesses have stated that it was accused no. 1 mentioned in the F.I.R who had taken the victim.

¶26

As such, in view of the same, the petitioners may be released on bail on furnishing a bail bond of Rs. 20,000/- with 1 local surety of like amount to the satisfaction of the arresting authority under the conditions that :

¶27

(i) The petitioner shall cooperate with the investigation and appear before the I/O within 7(seven) days from the date of this order, without fail.

¶28

(ii) The petitioner shall not temper with the evidence or influence the witness connected with the case.

¶29

In view of the above, the petition stands disposed of.

¶30

JUDGE

¶31

Comparing Assistant

Hanif Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Hanif Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Tarikat Ali Alias Tarikaddin Vs the State of Assam and Anr.

Ikramul Hussain Vs Rajkumar Patel and Anr.

Ikramul Hussain Vs Rahul Kumar Patel and Anr.

Icha Ali Vs the State of Assam

Amarjyoti Alias Bhrigu Barman and Anr. Vs the State of Assam

Jashim Ahmed Alias Jashim Uddin and 4 Ors. Vs the State of Assam