Page No.# 1/3 GAHC010240132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2586/2025 ROMJAN ALI AND ANR S/O ISMAIL HUSSAIN R/O MOHGULI , PS NORTH LAKHINPUR , DIST LAKHIMPUR , ASSAM 2: AMANULLAH ALIAS AMANULLAH ANSARI S/O ASHABUDDIN R/O MOHGULI PS NORTH LAKHINPUR DIST- LAKHINPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 17.11.2025 1. Heard Mr. S.M. Abdullah P, learned counsel for the petitioners and also heard Ms. N. Das, learned Addl. P.P for the State. Page No.# 2/3 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, 1. Romjan Ali, 2. Amanullah@Amanullah Ansari, who are apprehending their arrest in connection with Howly Police Station Case No. 75/2025, under Sections 316(2)/318(4)/61(2) of the BNS, 2023. 3. The allegations as reflected in the FIR is that on 11.04.2025, he received a phone call from one Roman Ali from number 9957636339 and stated that he has no father and he is from poor family. They got one boat shape gold piece when they dig soil. If the informant requires the boat shape gold piece, he can purchase from him. Roman Ali also assured that he will give a small piece of gold as sample whether the piece is original gold or not. Then the informant came to Assam to take sample where they (Accused) shows a boat shape golden colour piece. From the piece, they give a small piece of gold and informant tested the small piece in Rajasthan after returning from Assam and found that small piece of gold is original. Then they require 30 lakhs Rupees to Purchase the piece of gold. After that the informant told that he has no 30 lakhs Rs. but he has only 10 lakhs Rupees and he will pay that amount. Then he come to Assam with 10 Lakhs Rs cash amount in a bag and the informant paid 95 lakhs Rs. to petitioners and another namely Saddam Hussain, S/o-Nurul Islam of village Mohghuli, Ps-North Lakhimpur, Dist-Lakhimpur and Rs. ten thousand in saddam Hussain's phone pay then the petitioners and other accused persons hand over the fake gold boat to the informant and fled away by vehicle bearing Regd. No-AS 07 Y 7176. The said FIR was received by the Officer-In-Charge, Howly Police Station and subsequently the same was registered as Howly Police Station Case No. 75/2025, U/S-316(2)/318(4)/61(2) of the Bharatiya Nyaya Sanhita, 2023. Page No.# 3/3 4. On perusal of the case diary, it appears that the informant as well as another witness has clearly implicated the present petitioners and the money amounting to Rs.95,00,000/- is yet to be recovered. It has also transpires that as per police records the accused persons are veteran gold smugglers. 5. Having regard to the above, I am of the considered view that this is not a fit case for grant of pre-arrest bail. 6. Accordingly, the prayer for pre-arrest bail is rejected. 7. Send back the case diary. JUDGE Comparing Assistant