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2025 DAILYLAW 24587 (GAU)

AJBHAN BIBI AND 2 ORS. v. THE STATE OF ASSAM

AB/2003/2025 · 2025-10-27

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010187402025 2025:GAU-AS:14366 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2003/2025 AJBHAN BIBI AND 2 ORS. W/O GIYAS UDDIN R/O DHARMASALA PART-II, P.S. AND DIST. DHUBRI, ASSAM 2: HALIMA BEWA W/O LATE AJGAR ALI R/O VILL- TISTARPAR P.S. AND DIST. DHUBRI ASSAM 3: AJIJUR RAHMAN S/O LATE AJGAR ALI R/O VILL- TISTARPAR P.S. AND DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 28.10.2025 Heard Ms. N.A. Begum, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioners, namely, (i) Ajbhan Bibi (ii) Halima Bewa (iii) Ajijur Rahman, have prayed for granting pre-arrest bail, apprehending arrest in connection with Dhubri P.S. Case No. 336/2025 under Section 61(2)/103(1) of BNS, 2023. 3. The petitioner No. 2 is stated to be the mother of mother-in-law of the deceased and petitioner No. 3 is the maternal uncle of the husband of the deceased. They were earlier granted interim protection vide order dated 15.09.2025. 4. Case diary has been received without FSL report. 5. The learned Additional Public Prosecutor for the State submits that as alleged in the FIR, the investigation has also returning a finding after the incident, the family members left the house. That allegation about quarrels and inflicting of cruelty, torture etc. upon the victim has been revealed from the statements of the witnesses including neighbours. 6. Nevertheless, considering the distant nature of relationship of the respondent Nos. 2 and 3 and also considering the cooperation rendered by the petitioners – the interim protection granted vide dated 15.09.2025 is hereby Page No.# 3/3 made absolute subject to the conditions – that the petitioner Nos. 2 and 3 shall cooperate with the remaining investigation and shall be available for trial if one commences; and that the petitioner Nos. 2 and 3 shall not hamper or tamper with evidence. 7. However, with regard to the petitioner No. 1, the prayer for pre-arrest bail stands rejected. 8. Violation or breach of condition(s) shall entail cancellation of the bail. 9. The petition stands disposed of accordingly. 10. Send back the case diary. JUDGE Comparing Assistant