The GAHC granted bail to the petitioner in a Sessions case involving kidnapping and sexual offences. The court noted the petitioner's 105-day incarceration and lack of strong incriminating material, imposing standard bail conditions.
Petitioner enlarged on bail with Rs. 20,000 bond and one surety under specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010180182026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2434/2026
MOFIDUL ISLAM ALIAS MOFIDUL ISLAM BHUYAN S/O MOKSED ALI BHUYAN, RESIDENT OF VILLAGE KHAJARTARI, P.S. KALGACHIA, DISTRICT BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. N J DUTTA, MS. R SULTANA,MR. M M ZAMAN,IMDADUL ISLAM,MR N AHMED
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER
Date : 15.09.2026
Heard Mr. NJ Dutta, learned Counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.
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pending before the Court of Sessions Judge, Barpeta arising out of Kalgachia P.S. Case No. 657/2018. The FIR in connection with which the petitioner was arrested and is put behind the bar since 02.06.2026 was lodged by the brother of the victim stating inter alia that on 17.07.2018, his sister went to the market to purchase goods and that the accused no.1 arrayed as such in the FIR proposed to marry her and that the petitioner and another picked her up in maruti vehicle and hid her in some unknown place. It was further stated that on the day of lodging of the ejahar, accused no.2 called the informant and informed that his sister will be taken to Gujarat. It was further alleged in the FIR by the informant that he suspects that the accused person has taken his sister and sold her to some trader and had also appropriated the jewellery that belongs to his sister.
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the parties, more so, in view of the long incarceration of the petitioner and also due to very less incriminating materials found against him, this Court deems 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 Trial Court, under the following conditions:
i) the petitioner will appear before the Trial Court as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case.
iii) the petitioner will not leave the place of jurisdiction without the permission of the concerned Court.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is eligible for bail considering his absconding and long incarceration despite less incriminating evidence.
Whether the petitioner can be enlarged on bail by furnishing a bond of Rs. 20,000 with a surety.
Mofidul Islam alias Mofidul Islam Bhuyan
The State of Assam
Shamima Jahan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
