Page No.# 1/3 GAHC010286672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3056/2025 AYSHA BEWA @ AYSHA BEGUM W/O LT. AJGAR ALI SK, R/O MADHUSOULMARI PT.- II, P.S- GAURIPUR, DIST- DHUBRI, ASSAM, PIN- 783331 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR K THAKUR, MR. K SEMA,MS P BARMAN,MR. SANU HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. A. ALI(INFORMANT),MR. M J BARUAH(INFORMANT) Page No.# 2/3 BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 04/02/2026 Heard Mr. H R A Choudhury, learned Senior counsel assisted by Mr. S Hussain, learned counsel for the petitioner and Mr. N Das, learned Additional Public Prosecutor, Assam for the State respondent. 2. By this application filed under Section 482 of BNSS, 2023, the petitioner, namely, Aysha Bewa @ Aysha Begum, has sought for pre-arrest bail in connection with PRC/1182/2025 arising out of Gouripur Police Station Case No. 234/2025 registered under Sections 61(2)/103(1) of BNS, 2023, which is pending in the Court of learned Judicial Magistrate First Class-2, Dhubri. 3. The FIR dated 21.05.2025 lodged by the wife of the deceased revealed that 8 nos. of accused persons, after a pre-planned, assaulted the deceased and killed him by using sharp weapons in the house of the victim. In the said FIR, the petitioner was not named as an accused. The petitioner, however, had lodged an FIR on 22.05.2025, i.e., a day after the first FIR, alleging, inter-alia, that 10 nos. of accused persons had entered into the house of her son, i.e., the victim and killed her son by assaulting him with sharp weapons. The said case was registered as Gouripur P.S. Case No. 236/2025, where the investigation is still pending. However, during investigation of the earlier case, the petitioner was found to be an accused and charge-sheet was submitted against her along with others. In the charge-sheet, the petitioner was shown as an absconder by the Investigating Officer. 4. Mr. H R A Choudhury, learned Senior counsel for the petitioner submits that the petitioner is 70 years of age and is suffering from various ailments and to substantiate the same, the petitioner has annexed various medical papers in the petition. 5. Ms. N Das, learned Additional Public Prosecutor, Assam, however, has submitted by examining the Trial Courts Records that there are independent witnesses, who had taken the Page No.# 3/3 name of the petitioner to have assaulted the victim and is also seen to have dragged the victim after which the victim was killed. She stated that the name of the petitioner was specifically revealed by the independent witnesses. 6. I have heard the learned counsel for the parties and also seen the records of the case. 7. It is seen that the petitioner is a 70 years old lady and is suffering from various ailments. 8. Without going into the merits of the case, for the ends of Justice and since it is seen that the petitioner is sick, this Court deems it fit that the petitioner may be released on pre- arrest bail. Accordingly, in the event of arrest of the petitioner, Aysha Bewa @ Aysha Begum, she shall be released on bail on furnishing a bail bond of Rs.20,000/- with 1 (one) local surety of the like amount to the satisfaction of the Court of learned Judicial Magistrate First Class-2, Dhubri, under the following conditions:- (1) She will appear before the Court within 10 (days) from the date of receipt of the order without fail and will appear on each and every date fixed by the Trial Court; (2) She will not tamper with the evidence or influence the witnesses whoever is connected with the case. 9. With the above observation and direction, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant