Page No.# 1/4 GAHC010092592025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1018/2025 AYESHA BEGUM AND 2 ORS. D/O-LATE AFJAL ALI @ AFJAL HOQUE @ AFZAL HOQUE, R/O- HOUSE NO.41, SATI JAIMATI ROAD,AATHGAON, P.O-PANBAZAR, P.S- BHARALUMUKH, GUWAHATI, DIST-KAMRUP (M),ASSAM, PIN-781001 2: SAHIL FARUK S/O-LATE AFJAL ALI ALIAS AFJAL HOQUE ALIAS AFZAL HOQUE R/O- HOUSE NO.41 SATI JAIMATI ROAD AATHGAON P.O-PANBAZAR P.S-BHARALUMUKH GUWAHATI DIST-KAMRUP (M) ASSAM PIN-781001 3: ALHAZ MD MOHIBUR RAHMAN LASKAR S/O-LATE HABIBUR RAHMAN LASKAR R/O- HOUSE NO.31 S.C BYLANE ROAD AATHGAON P.O-PANBAZAR P.S-BHARALUMUKH GUWAHATI DIST-KAMRUP (M) ASSAM-78100 VERSUS Page No.# 2/4 THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR R I BHUYAN,MR. M R SODIAL,MR. M H SAIKIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 16.05.2025 1. Heard Mr. M. H. Saikia, learned counsel for the petitioners. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, (i) Ayesha Begum, (ii) Sahil Faruk and (iii) Alhaz Md. Mohibur Rahman Laskar, who are apprehending their arrest by the police personnel of Hatigaon Police Station in respect of a complaint/FIR lodged by Junap Ali. However, as in the bail application, no indication of a pending police case was mentioned, a report was called for from the Officer-in-charge of Hatigaon Police Station through the Office of the Public Prosecutor. 3. Today, Ms. S. H. Bora, learned Additional Public Prosecutor has placed a report before the Court and submits that a complaint has been filed by one Junap Ali before the Hatigaon Police Station, inter alia, alleging that the petitioners have taken money from Junap Ali after entering into an agreement to sale a plot of land. However, now neither they are handing over the plot of land nor they are returning back the money. Page No.# 3/4 4. It is stated in the report that in that respect, an enquiry was initiated and during enquiry, the petitioners appeared before the Police of Hatigaon Police Station wherein they informed the police that they have filed a civil suit in respect of the dispute. 5. The learned Additional Public Prosecutor submits that the Officer-in- charge of Hatigaon Police Station has informed that the petitioners left the Police station without informing the police and did not co-operate in the enquiry and, therefore, the enquiry is not yet concluded and it is still pending. 6. It appears from the report as well as from the averment made therein that the complaint filed by Junap Ali before the Officer-in-charge of Hatigaon Police Station, prima facie, appears to be a civil dispute. However, as the enquiry has not yet been concluded, hence, the apprehension of getting arrested in any case which might be registered on conclusion of such enquiry appears to be genuine, therefore, this anticipatory bail application is disposed of with an observation that in the event the enquiry which has been initiated on the basis of complaint filed by Junap Ali before the Officer-in-charge of Hatigaon Police Station results in registration of a police station case and if in that case, the petitioners are arrested they shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioners shall co-operate in the investigation; Page No.# 4/4 7. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant