Bail Appln./1801/2026 of MD JAHADUL ALI ALIAS JAHADUL ISLAM ALIAS JAHADUR Vs THE STATE OF ASSAM AND ANR on 28 July 2026

ORDER

Date : 29-07-2026 Heard Mr. M. Hoque, learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, learned APP and Ms. M.K. Brown appears as the Amicus Curiae to defend the interest of the informant. This application under Section 483 of the BNSS 2023, praying for grant of regular bail to the accused petitioner, namely Md. Jahadul Ali @ Jahadul Islam, who had been arrested on 06.04.2025. The scan copy of the TCR reflects that the evidence of the eight of the nine witnesses till 25.05.2026 have already been recorded by the learned Trial Court. The learned counsel for the petitioner has submitted that only one official witness remains to be examined. The learned counsel for the petitioner has submitted that the petitioner is a young boy aged about 22 years and the petitioner and the alleged victim had eloped out of love affair, where the victim is allegedly aged about 17 years of age. The learned counsel for the petitioner has submitted that in the event the petitioner is released on bail, he undertakes to abide by all the conditions that may be imposed upon him and since the evidence of most of the witnesses have already been recorded, there is little or no chance of his tampering or hampering with the trial proceedings. The learned APP and the learned Amicus Curiae have expressed apprehension that the petitioner may try to evade the future trial proceedings, and have therefore objected to the prayer for grant of bill. I have gone through the scanned copy of the Trial Court Records and considered the submissions made. Keeping in view the age of the petitioner and also the fact that eight of the nine witnesses have already been examined, I deem it appropriate to grant the privilege of bail to the petitioner, however, under the strict condition that the petitioner shall in no way interact or influence or threaten or be in any communication with either the victim or the victim's family during the period when he enjoys the privilege of a bail. Accordingly, during the period of trial, the petitioner shall be released on bail on furnishing a bond of Rupees 30,000/- (Rupees thirty thousand only) with two sureties of like amounts, one of whom shall be a close family member/relative of the petitioner, who exercises authority over the petitioner and shall ensure his further participation in the trial proceedings. It is made clear that in the event the learned trial court forms an opinion, based on reasons, that the petitioner in any manner attempts to evade the trial proceedings, the learned trial court shall be at liberty to recall the bail being granted. Bail petition is accordingly allowed.

JUDGE Comparing Assistant