Allowed¶8

Kamal Uddin v. the State of Assam

Bail – Application under Section 483 of the BNSS, 2023

Gauhati HC12 Feb 2025Bail Appln./148/2025

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What is this about?

Gauhati High Court bail order; Bail Appln./148/2025; decided 13.02.2025 by Justice Parthivjyoti Saikia; Section 483 BNSS 2023; kidnapping FIR dated 10.01.2025; Hojai P.S. Case No. 11/2025; GR Case No. 34/2025; informant's 16-year-old daughter; petitioner working at Mumbai; girl recovered same day; 43 days judicial custody; CD not received; bail granted ₹20,000/- with surety of like amount; CJM Sankardev Nagar Hojai; bail application disposed of; CD to be returned.

What did the court decide?

Release of petitioner Kamal Uddin on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sankardev Nagar, Hojai; the bail application stands disposed of and the CD is to be returned. ¶8

Kamal Uddin Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

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GAHC010011682025

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

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Case No. : Bail Appln./148/2025

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KAMAL UDDIN S/O SIFOR ALI R/O VILL- CHANGMAJI PATHER, BHELOWGURI P.O. MODERTOLI, P.S. DOBOKA, DIST. HOJAI, ASSAM PIN-782440, MOB- 9365175271

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VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S C BISWAS, MR. H A TALUKDAR,MR. F A HASSAN Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 13.02.2025

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Heard Mr. S.C. Biswas, the learned counsel appearing for the petitioner as well as Mr. RR Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam.

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Page No.# 2/2

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This is an application under Section 483 of the BNSS, 2023, whereby the petitioner Kamal Uddin has prayed for releasing him on bail after he was arrested in connection with Hojai P.S. Case No. 11/2025 corresponding to GR Case No. 34/2025.

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An FIR was lodged on 10.01.2025, wherein it is alleged that the present petitioner and two other persons had kidnapped the 16 year old daughter of the informant.

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The CD was called for but the same has not been received.

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Mr. Biswas submits that the present petitioner works at Mumbai and he was maintaining relationship with the girl. According to the petitioner, the girl called the present petitioner and also threatened that if he does not come from Mumbai, she will commit suicide. Therefore, the petitioner came from Mumbai and the girl went with him.

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Mr. Biswas submits that the girl was recovered on the same day and the petitioner has already spent 43 days in judicial custody.

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I have considered the submissions made by the learned counsels of both sides.

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The submission made by Mr. Biswas seems to have force in it. Under the given circumstances of the case, the bail application of the petitioner is allowed.

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It is hereby directed that the petitioner, Kamal Uddin, who was arrested in connection with Hojai P.S. Case No. 11/2025, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Sankardev Nagar Hojai.

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With the aforesaid direction, the bail application stands disposed of.

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The CD shall be returned.

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JUDGE

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Kamal Uddin v. the State of Assam

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Kamal Uddin v. the State of Assam

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