Page No.# 1/4 GAHC010278972024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3431/2024 EKU ALI @ AZIM AND 2 ORS S/O AZIZ ALI, R/O MOIDOMIA, P.O.-MOIDOMIA, P.S.-NORTH LAKHIMPUR, PIN-787051, DIST- LAKHIMPUR, ASSAM 2: ASHAFAN NISSA @ NAZIMA W/O AZIZ ALI R/O MOIDOMIA P.O.-MOIDOMIA P.S.-NORTH LAKHIMPUR PIN-787051 DIST- LAKHIMPUR ASSAM 3: AZIZ ALI S/O LATE ABDUL HANIF R/O MOIDOMIA P.O.-MOIDOMIA P.S.-NORTH LAKHIMPUR PIN-787051 DIST- LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM,MR. H KAKATI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.01.2025 Heard Mr. B. Islam, learned counsel for the applicants and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with North Lakhimpur P.S. Case No. 393/2024, under Sections 85/3(5) of the B.N.S., this application under Section 482 of the B.N.S.S., is preferred by applicants namely, Eku Ali @ Azim; Ashafan Nissa @ Nazima; and Aziz Ali for grant of pre-arrest bail. 3. It is to be noted here that the said case has been registered on the basis of an F.I.R. lodged by one Afrin Anowar, on 13.12.2024. The essence of allegations in the F.I.R. against the applicants are that since the day of marriage of the informant with the Eku Ali @ Azim, he and his family members subjected her to physical and mental cruelty and he has illicit relationship with another lady. 4. Mr. Islam, learned counsel for the applicants submits that this court was pleased to grant interim protection to the applicant Nos. 2 & 3, vide order dated 03.01.2025, and pursuant to the said order, the applicant Nos. 2 & 3 had appeared before the I.O. and cooperating with the investigating agency. Mr. Islam further submits that the applicant No. 1 is also innocent and no way involved with the offence alleged in the F.I.R. and that he is ready to cooperate with the investigating agency. On such count, Mr. Islam has contended to make the interim order dated 03.01.2025, in respect of applicant Nos. 2 & 3, absolute in the same terms and conditions and also to grant privilege of pre-arrest bail to the applicant No. 1. 5. On the other hand, Mr. Sarma, learned Additional Public Prosecutor has produced the case diary before this court and referring to the statement of the Page No.# 3/4 victim woman, recorded under Section 183 of the B.N.S.S., submits that it is a family dispute between the informant and the applicants and therefore, the custodial interrogation of the applicants are not warranted in the interest of investigation. As such, Mr. Sarma has no objection in the event of granting privilege of pre-arrest bail to the applicant No. 1 and making the interim order dated 03.01.2025, in respect of applicant Nos. 2 & 3, absolute in the same terms and conditions 6. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. 7. In view of the materials so far collected in the case diary as well as the progress of investigation and also the cooperation being extended by the applicant Nos. 2 & 3 with the investigating agency, this court is of the view that their custodial interrogation seems to be unwarranted here in this case. Therefore, this court is inclined to make the interim order dated 03.01.2025, in respect of applicant Nos. 2 & 3, absolute in the same terms and conditions. 8. Further, having considered the materials so far collected in the case diary and also considering the nature and gravity of the offence, this court is of the view that further custodial interrogation of the applicant No. 1 is also not required, in the interest of investigation. 9. Accordingly, it is provided that in the event of arrest of the applicant No. 1, in connection with North Lakhimpur P.S. Case No. 393/2024, under Sections 85/3(5) of the B.N.S., he shall be enlarged on pre-arrest bail, on his executing a bond of Rs. 40,000/- only, with one surety of like amount to the satisfaction of the arresting authority. Page No.# 4/4 10. The above privilege is, however, subject to the following conditions: (i) that the applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the applicant 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; and (iii) that the applicant shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, without prior permission. 11. In terms of above this AB stands disposed of. 12. The case diary be returned. JUDGE Comparing Assistant