Page No.# 1/3 GAHC010000932025 2025:GAU-AS:646 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/15/2025 HIBZUL HOQUE S/O RAHIMUDDIN ALI, R/O VILL- KALITAPARA, MATIA CHUBA, P.O.- GANESHGURI, P.S.-SIPAJHAR, DIST- DARRANG, ASSAM, PIN-784145 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM,MR. N GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 22.01.2025 Heard Mr. J.C. Gogoi, learned counsel for the applicant. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Changsari P.S. Case No. 335/2024, under Section 85 of the BNS, this application under Section 482, BNSS is preferred by applicant, namely, Hibzul Hoque, for grant of pre-arrest bail. Page No.# 2/3 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Anima Begum on 22.12.2024. The essence of allegation against the present applicant is that the informant got married with him about 8 months back and while she was living with him in his house and thereafter, in his aunt’s house at Jalah Barlabari for 3 months, he subjected her to cruelty and also assaulted her and demanded money from her and asked her to collect the same by selling her mother’s property and also threw her near Jalukbari Saraighat Bridge. 4. Mr. Gogoi, learned counsel for the applicant submits that the applicant is the husband of the informant and that he is innocent and no way involved with the offence alleged in the FIR, and that he is ready to cooperate with the investigating agency, and therefore, it is contended to allow the application. 5. On the other hand, Mr. Goswami, the learned Additional Public Prosecutor has produced the case diary before this Court and submits that the I.O. has collected some materials in support of the allegation made in the FIR. However, Mr. Goswami submits that though there was no direction of this Court for appearance before the I.O. concerned, yet the case diary reveals that the applicant has appeared before the I.O. on 2/3 occasions and his statement has also been recorded. 6. Having heard the submissions of learned Advocates of both sides, I have gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Goswami, learned Additional Public Prosecutor. 7. Taking note of the submissions of learned Advocates of both the parties and also considering the nature and gravity of the offence and the punishment Page No.# 3/3 prescribed for the same, and further considering the fact that the applicant has been extending cooperation with the investigating agency, this Court is of the view that his custodial interrogation may not be required in the interest of investigation, and therefore, this Court is inclined to allow this application. 8. Accordingly, it is provided that in the event of arrest of the applicant in connection with Changsari P.S. Case No. 335/2024, under Section 85 of the BNS, he shall be released on pre-arrest bail on executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions: (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) 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) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup, Amingaon without prior permission. 9. In terms of above, this application stands disposed of. 10. Case diary be returned. JUDGE Comparing Assistant