Page No.# 1/3 GAHC010004972025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./70/2025 BEGUM ASMA AHMED@ ASMA BEGUM, W/O- HAFIJUL ISLAM, R/O- HAKMA, P.S. BILASHIPARA, DISTRICT - DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : B ALI SK, SIRAJ CHOUDHURY,PANKAJ DAS,MR K THAKUR,MR. H ALI,MS J A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 10.01.2025 1. Heard Mr. B. Ali Sk., learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Begum Asma Ahmed @ Asma Begum, who has been detained behind the bars since 16.11.2024 (for last 56 days) in connection with Page No.# 2/3 Bharalumukh P.S. Case No. 188/2024 under Sections 61(2)/140(3)/140(4)/142/249(C) of the BNS, 2023. 3. The gist of accusation in this case is that on 17.10.2024, one Miss Asiya Khatun had lodged an FIR before the Officer-in-charge of Bharalumukh Police Station, inter alia, alleging that the accused persons named in the FIR, namely, Md. Abdullah Ali and Md. Rofiqul Islam had kidnapped the daughter of the first informant and sold her somewhere else. Initially, the FIR was registered under Section 61(2)/140(3) of the BNS, 2023. However, during the course of investigation, the dead body of the victim girl was recovered and later on further sections were added to this case. 4. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and is not involved in the offence alleged in the FIR. He also submits that the present petitioner is the wife of one of the mian accused, namely, Habijul Islam and apart from that there is no other incriminating material on record against her, therefore, she may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Bharalumukh P.S. Case No. 188/2024 and has submitted that there is sufficient material against the petitioner in this case and, hence, he has vehemently opposed the grant of bail to the petitioner. 6. I have perused the materials available on record including the case diary of Bharalumukh P.S. Case No. 188/2024. 7. On perusal of the case diary, it appears that the present petitioner is the wife of one of the prime accused and the only materials against her in the case diary Page No.# 3/3 suggest that she only knew about the plan of the prime accused regarding commission of the offence alleged in the FIR. Apart from that, there is nothing, at this stage, to incriminate against her in the case diary. 8. Considering the materials in the case diary at this stage of the investigation as well as considering the period of detention already undergone by the present petitioner (56 days), her further custodial detention does not appear to be necessary for fair complication of the investigation of Bharalumukh P.S. Case No. 188/2024 if he cooperates in the investigation. 9. In view of the above, the above named petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) with following conditions:- (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court, 10. With the above observation, this bail application is disposed of. 11. Send back the case diary. JUDGE Comparing Assistant