Jakaria Ahmed Barbhuiya Vs the State of Assam

Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Mr. I. U. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor, appearing for the State.

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2. The present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been instituted praying for grant of regular bail to the accused petitioner, namely Jakaria Ahmed Barbhuiya, who was arrested on 23.07.2025, in connection with Hailakandi Police Station Case No.68/2025, under Sections 93/143(4) of BNS, r/w Section 80 of Juvenile Justice Act, 2015.

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3. Mr. H. R. A. Choudhury, learned senior counsel, at the outset has submitted that the petitioner is in detention for last 78(seventy eight) days since 23.07.2025. He further submits that the child, trafficking of which is alleged against the petitioner, has already been recovered and is presently in the care and protection of the Child Welfare Committee(CWC), Hailakandi. He submits that no further custodial interrogation would be called for of the petitioner and accordingly prays that the petitioner be enlarged on bail.

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4. Mr. B. Sharma, learned Additional Public Prosecutor, appearing for the State, has submitted that the petitioner having committed an offence of trafficking of child below 18(eighteen) years, his release at this stage would hamper the investigation, inasmuch as, it is likely that the petitioner

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will tamper with the evidences.

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5. I have heard the learned counsel for the parties and also perused the materials available on record.

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6. The gist of accusation in this case is that on 27.06.2025, the InCharge, District Child Protection Officer, Hailakandi, had lodged an FIR, before the Officer-in-Charge, Hailakandi Police Station, inter alia, alleging that the officials of the Child Helpline Unit, Cachar, had rescued an infant child, who was given in an adoption in violation of the provisions for the Juvenile Justice (Care and Protection of Children) Act, 2015. It was further alleged in the FIR that the child was sold to the adopting couple by the petitioner, herein.

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7. Having considered the materials brought on record, this Court finds that the ingredients of the Sections against which the petitioner has been charged is found available, however, as the child, in question, has already been recovered and the petitioner is ready to co-operate in the investigation; this Court also considering the length of detention of the petitioner w.e.f. 23.07.2025, is of the considered view that further detention of the accused petitioner is not called for.

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8. Accordingly, the accused petitioner Jakaria Ahmed Barbhuiya, be enlarged on regular bail on furnishing a bond of Rs.25000/-(Rupees Twenty Five Thousand) only, along with 2(two) sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Hailakandi, subject to the following conditions ;

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i) the accused petitioner shall, herein, shall co-operate with the Investigating Officer, in the investigation of the case.

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ii) the accused petitioner, herein, shall appear before the Investigating Officer as and when called for, for the purpose of investigation of the case.

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iii) the accused petitioner, herein, shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing the facts to the Investigating Officer of the case.

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iv) the accused petitioner, herein, shall not leave the jurisdiction of the Court of the learned Chief Judicial Magistrate, Hailakandi, without prior permission.

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9. With the above observations and directions, the present Bail Application stands disposed of.

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JUDGE

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Jakaria Ahmed Barbhuiya v. the State of Assam

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Jakaria Ahmed Barbhuiya v. the State of Assam

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