Page No.# 1/5 GAHC010104192025 2025:GAU-AS:6768 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1093/2025 JESMINA KHATOON AND 5 ORS W/O- FIRUJ AHMED. D/O- ABDUL KADIR R/O- KADAMTAL ,NAGAON. PS AND DISTRICT- NAGAON, ASSAM. PIN-782102. 2: FIRUJ AHMED S/O- HAJRAT ALI. R/O- KADAMTAL NAGAON. PS AND DISTRICT- NAGAON ASSAM. PIN-782102. 3: RUMI BEGUM W/O- HAJRAT ALI. R/O- KADAMTAL NAGAON. PS AND DISTRICT- NAGAON ASSAM. PIN-782102. 4: JULI BEGUM W/O- RAJU AHMED. R/O- KADAMTAL NAGAON. PS AND DISTRICT- NAGAON ASSAM. PIN-782102. 5: RAJU AHMED S/O- HAJRAT ALI. R/O- KADAMTAL Page No.# 2/5 NAGAON. PS AND DISTRICT- NAGAON ASSAM. PIN-782102. 6: HAJRAT ALI S/O- LATE IMAN ALI. R/O- KADAMTAL NAGAON. PS AND DISTRICT- NAGAON ASSAM. PIN-782102 VERSUS THE STATE OF ASSAM. REPRESENTED BY PP, ASSAM Advocate for the Petitioner : S K PODDAR, MS. N PODDAR Advocate for the Respondent : PP, ASSAM, MR. A MOBARAQUE(INFORMANT),MR.A K SHARMA (INFORMANT) Page No.# 3/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27-05-2025 Heard Mr. S. K. Poddar, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. A. K. Sarma, learned counsel for the informant. 2. Apprehending their arrest, the petitioners, namely, (i) Jesmina Khatoon, wife of Firuj Ahmed; (ii) Firuj Ahmed, son of Hajrat Ali; (iii) Rumi Begum, wife of Hajrat Ali; (iv) Juli Begum, wife of Raju Ahmed; (v) Raju Ahmed, son of Hajrat Ali and (vi) Hajrat Ali, son of late Iman Ali, all residents of Kadamtal, Police Station-Nagaon, District-Nagaon have filed this application under Section 482 BNSS, 2023, praying for their pre-arrest bail in Nagaon Police Station Case No. 338/2025 registered under Sections 61(2)/318(4)/316(2) BNS, 2023, corresponding to G.R. No. 933/2025. 3. As per the FIR dated 20.04.2025, the accusation against the present petitioners by the informant is that since middle of 2020, the petitioner No.1 with the help of other accused petitioners conspired and took away huge amount of money and other assets from her husband, who expired on 04.12.2024. In the said FIR, the informant also alleged that the petitioner No.1 was having illicit relation with her husband and family members of the petitioner No.1 were fully aware about it, but, did not stop her, as the informant’s husband during his lifetime was blackmailed and took economic benefit from him. The said FIR of the informant dated 20.04.2025 was accordingly registered as Nagaon P.S. Case No. 338/2025 under Sections 61(2)/318(4)/316(2) BNS, 2023, corresponding to G.R. No. 933/2025. 4. Mr. P. Borthakur, learned Additional Public Prosecutor, Assam placed the relevant case diary of said Nagaon P.S. Case No. 338/2025. 5. On 19.05.2025, except the petitioner Nos. (i) and (ii), the rest four petitioners, namely, (iii) Rumi Begum; (iv) Juli Begum; (v) Raju Ahmed and (vi) Hajrat Ali were Page No.# 4/5 granted interim pre-arrest bail in said Nagaon P.S. Case No. 338/2025. 6. Mr. Borthakur, learned Addl. PP submitted that after obtaining interim pre-arrest bail, the petitioner Nos. (iii), (iv), (v) and (vi) appeared before the concerned Investigating Officer of said Nagaon P.S. Case No. 338/2025 and their statements have already been recorded. 7. Mr. Borthakur, learned Addl. PP from the case diary also submitted that the independent witnesses in their statements, so far recorded by the concerned Investigating Officer of the case did not implicate the petitioners of the accusations as alleged in the said FIR pertaining to Nagaon P.S. Case No. 338/2025. 8. Considering such materials in the case diary, the interim pre-arrest bail granted to the petitioner Nos. (iii), (iv), (v) and (vi) earlier on 19.05.2025 in said Nagaon P.S. Case No. 338/2025 is hereby made absolute subject to compliance of the terms and conditions specified in the said order dated 19.05.2025. 9. Further, considering the materials in the case diary, this Court is of the view that custodial detention of the petitioner Nos. (i) Jesmina Khatoon; (ii) Firuj Ahmed, is not warranted for investigation of said Nagaon P.S. Case No. 338/2025. As such, this pre-arrest bail application of the petitioner Nos. (i) and (ii) is accepted. 10. Accordingly, it is provided that in the event of arrest of the petitioners, namely, (i) Jesmina Khatoon, wife of Firuj Ahmed; (ii) Firuj Ahmed, son of Hajrat Ali in said Nagaon P.S. Case No. 338/2025, they shall be released on bail, on furnishing bail bond of Rs 35,000/- each, with 2 (two) local sureties, each of the like amount, to the satisfaction of the arresting authority, on conditions that the said petitioner Nos. (i) and (ii) named above, – (i) shall appear before the Investigating Officer of Nagaon P.S. Case No. 338/2025 on or before 03.06.2025, during the office hours and thereafter, as and when they are required for necessary investigation of said Nagaon P.S. Case No. 338/2025; (ii) shall not leave the territorial jurisdiction of the Nagaon police station, without Page No.# 5/5 obtaining prior written permission from the concerned Investigating Officer of the said case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 such facts to the Court or to any police officer and (v) shall not involve themselves in any criminal activities in the future. 11. 11. Any violation of the aforesaid terms and conditions by the petitioners namely, (i) Jesmina Khatoon, wife of Firuj Ahmed; (ii) Firuj Ahmed, son of Hajrat Ali, the pre-arrest bail granted to them in said Nagaon P.S. Case No. 338/2025 shall stand automatically vacated. 12. With the above observation and directions, this pre-arrest bail application stands disposed of. 13. Return the case diary. JUDGE Comparing Assistant