Page No.# 1/3 GAHC010237642025 2025:GAU-AS:14426 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3491/2025 HABIJA KHATUN AND 3 ORS. W/O ROSIDUL HAQUE R/O VILL- DHIGALIATI P.S. JURIA DIST. NAGAON, ASSAM PIN-782425 2: ABU BAKKAR SIDDIQUE @ BABUL HUSSAIN S/O LATE SAYED ALI R/O VILL- CHOTO RUPOHI P.S. NAGAON SADAR DIST. NAGAON ASSAM PIN-782002 3: HAFIJUL ISLAM @ HAFIJUL S/O ABDUL MOMID R/O VILL- CHATIAN P.S. JURIA DIST. NAGAON ASSAM PIN-782124 4: ABUL HUSSAIN @ JAMIR UDDIN S/O HASEN ALI @ GULAM MAULAR/O VILL- CHOTO RUPOHI P.S. NAGAON ASSAM PIN- 782002 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Page No.# 2/3 Advocate for the Petitioner : DARAK ULLAH, S BEGUM,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 29.10.2025 Heard Mr. S. Ahmed, learned counsel for the petitioners. Also heard Ms. S. Bora, learned Addl. Public Prosecutor. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant bail to the accused applicant, namely, 1. Habija Khatun 2. Abu Bakkar Siddique 3. Hafijul Islam @Hafijul and 4. Abul Hussai @ Jamir Uddin in connection with Batadrava P.S. Case No. 122/2025, under Section 61 (2)/316 (5)/318 (4)/3(5) of BNS Act, 2023. 3. The brief of the case is that an FIR had been lodged by one victim namely Mushina Khatun, where she stated that her bank details had been collected by the agent in the name of Ujwal Scheme and she will get subsidy in her account and that day the FIR named accused person had came to her home and took fingerprint and withdrawn Rs. 7500/- (Seven thousand and five hundred) from her account and in return the accused had provided only Rs. 500/- but she did not accept and said that the remaining balance will be taken for their service. 4. The learned Addl. Public Prosecutor submits that CD will be required. On the other hand, the learned counsel for the petitioners submits that because of Page No.# 3/3 a technical error, the petitioner No. 2 could not pay the full amount on that day but gave her Rs. 500/-. However, the informant went on to lodge the FIR. 5. Subsequently, the full amount of the money has been given to the informant and in this regard, an affidavit has been sworn by the informant stating that she has received the full amount of Rs. 7500/- against the accused and therefore, does not want to proceed with the case. 6. It appears that pursuant to their arrest on 23.09.2025, the accused persons were interrogated in Police custody and thereafter, remanded to Judicial custody and by now, they have spent around 37 days in custody. 7. Considering the above as well as the nature of the allegations, further custodial detention may not be necessary. 8. Accordingly, the prayer for bail is allowed. 6. The above-named petitioners shall be allowed to go on bail of Rs. 50,000/- each with one surety each of the like amount subject to the satisfaction of the learned Elaka Magistrate in connection with the aforesaid case. 7. It is further provided that the petitioners shall continue to cooperate with the investigation and shall not try influence the witnesses in any manner. JUDGE Comparing Assistant