Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010143552025
2025:GAU-AS:10789
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1506/2025 ASHRAB ALI ANR D/O MAGBUL HUSSAIN VILL- TELERIA P.S. B ARPETA DIST. BARPETA, ASSAM 2: MANJUWARA KHATUN @ RIMA AKHTAR W/O SADDAM HUSSAIN D/O MAGBUL HUSSAIN VILL- PALLARPAR P.S. HOWLY DIDST. BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA
O R D E R
Date : 13.08.2025. Page No.# 2/3 Heard Mr. R. Ali, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, (1) Ashrab Ali and (2) Manjuwara Khatun @ Rima Akhtar, who are apprehending arrest in connection with the Sarthebari P.S. Case No. 71/2025, registered under Sections 103(1)/3(5) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. R. Ali, learned counsel that the present two petitioners are not at all involved in the alleged offence. Moreover, there is no whisper in the FIR in regards to their involvement in the said offence. They were named in the FIR only because they are the brother and sister of the accused No.1, who was the wife of the deceased. But apart from that there was no other allegation against the present two petitioners. However, the petitioners are ready and willing to extend their cooperation with further investigation of this case, if they are provided with the privilege of pre-arrest bail. Mr. P. Borthakur, the learned Additional Public Prosecutor, Assam submitted in this regard that there is no such material against the present two accused petitioners and they were also allowed to go on their PR Bond, when they appeared before the I.O. Considering the submissions made by learned counsel for both sides and materials in the case diary, I find it to be a fit case to extend the privilege of pre-arrest bail to these two accused petitioners.
Page No.# 3/3 Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (1) Ashrab Ali and (2) Manjuwara Khatun @ Rima Akhtar, who are apprehending arrest in connection with the Sarthebari P.S. Case No. 71/2025, they shall be enlarged on pre-arrest bail on executing a bond of Rs. 20,000/- (Rupees twenty thousand) only, with one surety of like amount for each of them, to the satisfaction of the arresting authority, subject to the following conditions:- (i) that the petitioners will make themselve available for interrogation by the Investigating Officer within 7 (seven) days; (ii) that the petitioners will fully co-operate with the investigation of the case and will appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. case; and (iii) that the petitioners will not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer. Accordingly, this bail application stands disposed of. Return back the case diary forthwith. JUDGE Comparing Assistant