Bail Appln./1224/2026 of JAHANGIR ALI ALIAS ALOM Vs THE STATE OF ASSAM on 2 June 2026

ORDER

03.06.2026 Heard Mr. S.C. Biswas, learned counsel for the petitioner in Bail Application No.1224/2026 and Mr. B. Chowdhury, learned counsel for the petitioner in Bail Application No.1298/2026. Also heard Mr. R.R. Kaushik, learned APP for the State. The petitioners in the present cases have sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Chhaygaon P.S. Case No. 55/2026, registered under Sections 139/3(5) of the Bharatiya Nyaya Sanhita, 2023 on the basis of an FIR dated 14.03.2026. The petitioners were arrested on 15.03.2026. The essence of the FIR is that the petitioners were found to be in the company of a minor girl who had allegedly been lured away from Budhboriya Bazaar under Garchuk Police Station, Guwahati, on 14.03.2026.

The learned APP has produced the Case Diary and has also placed before this Court the instructions received from the concerned investigating authorities. It has been submitted that the minor victim had escaped from the custody of the Child Welfare Committee (CWC). It has further been submitted that persistent efforts to identify and trace the father of the victim, as well as to locate the victim herself, have so far not yielded any result. Enquiries made in and around the Budhboriya Bazaar locality have also failed to identify any person claiming to be the father of the victim. The situation is indeed unfortunate. However, it is evident from the materials placed before this Court that the victim escaped from the custody of the CWC and that, as of now, the whereabouts of her parents or family members remain unknown. Despite efforts undertaken by the investigating agency, the victim and her family have not yet been traced. The petitioners have been in custody since 15.03.2026 and have now undergone approximately 80 days of incarceration. In view of the above, I am of the considered opinion that the petitioners may be released on bail, subject to strict conditions. The petitioners shall extend full cooperation to the investigating authorities in the event further investigation becomes necessary upon the recovery of the minor victim or upon identification and tracing of her parents or other family members.

In such circumstances, the petitioners, namely Jahangir Ali @ Alom and Sofiqul Islam @ Sofikul Ali, are directed to be released on bail in connection with Chhaygaon P.S. Case No. 55/2026 on furnishing bail bonds of Rs. 30,000/- each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate (CJM), Kamrup (R), Amingaon. The petitioners shall furnish proof of their permanent as well as present addresses before the learned CJM, who shall be at liberty to cause verification of the same prior to their release on bail. The learned CJM shall also be at liberty to impose such other conditions as may be deemed necessary to ensure the petitioners’ cooperation with the investigating agency, in the event further investigation is undertaken. These Bail petitions are disposed of. JUDGE Comparing Assistant