Page No.# 1/3 GAHC010016562025 2025:GAU-AS:3507 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/166/2025 SAJIDA BEGUM DAUGHTER OF SUJEL ALI, RESIDENT OF NO. 3, BARUAJAR, P,O. BESSIMARI, P.S. DALGAON, DISTRICT - DARRANG, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. V A CHOWDHURY, MR. B RAHMAN,MS. C CHOUDHURY,MR. A M BORA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 26.03.2025 Heard Mr. A. M. Bora, learned Senior counsel assisted by Mr. V. A. Choudhury, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State respondent. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of pre-arrest bail to the accused/petitioner, who apprehends arrest in connection with Tezpur P.S. Case No. 44/2025, registered under Section 319(2) of the BNS read with Section 10(2) of the Assam Public Examination [Measures for Prevention of Unfair Means in Recruitment] Act. The Case Diary has been received, and I have perused the same. Mr. Bora, learned Senior Counsel for the petitioner has submitted that after obtaining interim pre-arrest bail on 29.01.2025, the petitioner appeared twice before the I.O. and co-operated in the investigation. He further submits that she is not involved in the alleged offence; however, certain allegations have been made against her husband, who is alleged to have entered the examination hall with a fake identity card. Furthermore, he submits that the petitioner is ready and willing to co-operate with the I.O. in the further investigation of this case if her interim pre-arrest bail order is made absolute. In this context, Mr. Das, the learned Additional Public Prosecutor, submits that, based on the materials available in the Case Diary, it is evident that the accused/petitioner’s husband entered the examination hall with a fake identity card to assist her in the exam. It is further revealed from the Case Diary that the accused/petitioner prohibited her husband from helping her in the examination hall, Page No.# 3/3 indicating that she was aware of his entry with a fake identity card to assist her. After hearing the submissions of the learned counsels for both sides and considering the materials available in the Case Diary, the progress of the investigation, and the co-operation extended by the accused/petitioner during the investigation, I find that custodial interrogation of the accused/petitioner may not be necessary for the purpose of the investigation. Therefore, I deem it appropriate to extend the privilege of pre-arrest bail. Accordingly, the interim pre-arrest bail granted to the accused/petitioner vide order dated 29.01.2025 is hereby made absolute with same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant