Page No.# 1/3 GAHC010033502025 2025:GAU-AS:10513 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/368/2025 ABSHER ALI @ SABDER ALI S/O- LATE EUSUB ALI VILL- KOWARPUR, PS HAJO DIST- KAMRUP, ASSAM 2: RAMESHA BEGUM W/O ABSHER ALI VILL- KOWARPUR PS HAJO DIST- KAMRUP ASSAM 3: FAZAL ALI S/O LATE ABDUL JABBAR VILL- KOWARPUR PS HAJO DIST- KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. MUSTAFA HUSSAIN, MR. R ALI,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Page No.# 2/3 Date : 11.08.2025. Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State respondent. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioners, namely, (1) Absher Ali @ Sabder Ali, (2) Ramesha Begum and (3) Fazal Ali, who are apprehending arrest in connection with the Hajo P.S. Case No. 32/2025 (corresponding to G.R. No.38/2025), under Sections 103(1) of the BNS, 2023. The case diary is received and perused the same. It is submitted by Mr. R. Ali, learned counsel that the petitioners are the parents and the grand parent of the main accused No.1 i.e. the husband of the victim and they are innocent and are not involved with the incident as alleged against them in the FIR. However, after obtaining the order of the interim pre-arrest bail, the petitioners have appeared before the I.O., co-operated in the investigation and their statements have already been recorded by the I.O. All the petitioners are still ready and willing to cooperate with the I.O. in further investigation of this case, if they are granted with the privilege of pre-arrest bail. Mr. P. Borthakur, the learned Additional Public Prosecutor, Assam submitted in this regard that the three petitioners have already appeared before the I.O. and their statements also recorded under Section 183 of the BNSS. However, there are some incriminating materials available in the case diary implicating these three accused petitioners. Page No.# 3/3 Considering the submissions made by learned counsel for both sides and the materials available in the case diary and also the conduct of the accused petitioners, I find that custodial interrogation of the accused petitioners may not be required for the purpose of investigation. In view of this, the order of interim pre-arrest bail dated 19.02.2025 is hereby made absolute with same terms and conditions. This bail application stands disposed of. JUDGE Comparing Assistant