Page No.# 1/3 GAHC010265012024 2025:GAU-AS:5133 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3295/2024 TAFIQUR RAHMAN @ TOUFIQUR RAHMAN AND ANR. S/O LATE HAZARAT ALI R/O VILL- UJANKURI, P.O. UJANKURI,P.S. HAZO, DIST. KAMRUP, ASSAM, PIN-781102 2: JABEDA @ JUBEDA BEGUM W/O TAFIQUR RAHMAN @ TOUFIQUR RAHMAN R/O VILL- UJANKURI P.O. UJANKURI P.S. HAZO DIST. KAMRUP ASSAM PIN-78110 VERSUS THE STAE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D BORAH, MS P SINGH,K BARMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 28-04-2025 Page No.# 2/3 Heard Mr. D. Borah, the learned counsel for the petitioners. Also heard Ms. N. Das, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for granting pre-arrest bail to the petitioners in connection with Hazo P.S. Case No. 399/2024 under Sections 318(4)/336(3) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. It is submitted by Mr. Borah, the learned counsel for the petitioners that in pursuant to interim order dated 29.01.2025, the petitioners appeared before the Investigating Officer and cooperated in investigation of the case. All the documents were already produced before the Investigating Officer and those were seized by the police in connection with the case. Both the petitioners are also ready and willing to extend their cooperation in further investigation of the case, if they are granted the privilege of pre-arrest bail. 4. Ms. N. Das, the learned Additional Public Prosecutor submitted in this regard that from the note of the Investigating Officer and materials available in the Case Diary it is seen that both the petitioners already appeared before the Investigating Officer. However, the statement of the petitioner no. 2 is not available in the Case Diary though the statement of the Investigating Officer speaks that both the petitioners appeared before the Investigating Officer after obtaining the order of pre-arrest bail. Further she submitted that the case has sufficiently progressed as the original documents were already seized by the police in connection with this case. 5. Considering the submissions made by the learned counsels for both sides and the materials available in the Case Diary, the conduct of the present accused/petitioners, I find that custodial interrogation of the present petitioners may not be required for the interest of investigation. However, the petitioner no. 2 is hereby directed to appear before the Investigating Officer within 10 (ten) days from the date of order and to record her statement u/s 183 BNSS. Page No.# 3/3 6. Considering the entire materials in the record/Case Diary, the interim order granted dated 29.01.2025 is hereby made absolute with the same terms and conditions. JUDGE Comparing Assistant