Page No.# 1/5 GAHC010151642025 2025:GAU-AS:10168 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1553/2025 MOTLEB ALI AND ORS S/O- LATE ABDUL SOBUR. VILL.- BORORVATARY PART -I (CHOITARCHAR) P.O.- RAVATARY P.S.- SOUTH SALMARA DIST.- DHUBRI ASSAM PIN-783127 2: SABIRAN BIBI W/O- MOTLEB ALI. VILL.- BORORVATARY PART -I P.O.- RAVATARY P.S.- SOUTH SALMARA DIST.- DHUBRI ASSAM PIN-783127 3: SOPIQUL ISLAM @ SAFIKUL ISLAM S/O- MOTLEB ALI. VILL.- BORORVATARY PART -I P.O.- RAVATARY P.S.- SOUTH SALMARA DIST.- DHUBRI ASSAM PIN-783127 4: RAFIKUL ISLAM S/O- MOTLEB ALI VILL.- BORORVATARY PART -I P.O.- RAVATARY P.S.- SOUTH SALMARA DIST.- DHUBRI Page No.# 2/5 ASSAM PIN-783127 5: AMIRUL ISLAM S/O- MOTLEB ALI. VILL.- BORORVATARY PART -I P.O.- RAVATARY P.S.- SOUTH SALMARA DIST.- DHUBRI ASSAM PIN-783127 6: AKRIMUL ISLAM @ MONIRUL ISLAM S/O- MOTLEB ALI. VILL.- BORORVATARY PART -I P.O.- RAVATARY P.S.- SOUTH SALMARA DIST.- DHUBRI ASSAM PIN-783127 7: MORJINA KHATUN W/O- FOYAN ALI. D/O- MOTLEB ALI. VILL.- BOROKALIA SHARSHO. P.O.- BARKALIA SERSO. P.S.- FAKIRGANJ. DIST.- DHUBRI ASSAM PIN-783330. 8: MOMINA KHATUN D/O- MOTLEB ALI. W/O- PORASH ALI. VILL.- DHENARKUTI (BALADUBA). P.O.- SOUTH SALMARA P.S.- SOUTH SALMARA. DIST.- DHUBRI PIN-783127. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM. ------------ Page No.# 3/5 Advocate for : MR. M U MONDAL Advocate for : appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 05-08-2025 Heard Mr. H. R. A. Choudhury, learned Senior Counsel assisted by Ms. S. Nasrin, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with South Salmara Mankachar P.S. Case No. 57/2025, under Sections 137(2)/103/ 3(5) of BNS. 3. Case Diary has been received and I have perused the same. 4. It is submitted by Mr. Choudhury, learned Senior Counsel for the petitioners, that the present accused/petitioners are innocent and has not committed any such offence as alleged in the F.I.R. All the petitioners are the family members of the accused No. 1 and the petitioner Nos. 1 & 2 are the parents and the other petitioners are the brothers and sisters of the accused No. 1. However, it is a fact that the accused No. 1 had some love relationship Page No.# 4/5 with the deceased and as the deceased was minor at the relevant time of incident, they refused for their marriage and on that grudge only, the F.I.R. has been lodged. However, all the accused/petitioners are ready and willing to extend their co-operation in further investigation of this case if they are granted with the privilege of pre-arrest bail. 5. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that the incident had happened soon after 2 (two) days of the alleged kidnapping of the minor victim and the case is still under investigation. However, till date, although no materials could be collected against the present petitioners, custodial interrogation of the present petitioners may be required as the case is at the nascent stage of investigation. 6. Considering the submissions made by the learned counsel for both sides and also considering the materials available in the Case Diary, I find that custodial interrogation of the present accused/petitioners may not be necessary for the purpose of investigation and therefore, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. 7. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Motleb Ali, (ii) Sabiran Bibi, (iii) Sopiqul Islam @ Safikul Islam, (iv) Rafikul Islam, (v) Amirul Islam, (vi) Akrimul Islam @ Monirul Islam, (vii) Morjina Khatun & (viii) Momina Khatun, in connection with South Salmara Mankachar P.S. Case No. 57/2025, under Sections 137(2)/103/3 (5) of BNS, they shall be enlarged on pre-arrest bail on their executing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to Page No.# 5/5 the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and (ii) that the petitioners 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 him from disclosing such facts to the Court or to any police officer. 8. The anticipatory bail application stands disposed of in terms above. 9. The Case Diary be sent back. JUDGE Comparing Assistant