Page No.# 1/5 GAHC010035302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/395/2026 RENU BIBI AND 5 ORS. W/O SIDDEK ALI R/O VILL- USHNABAJ,P.O. ANGLABAZAR, P.S. BADARPUR, DIST. SRIBHUMI, ASSAM 2: JOMILA BEGOM @JAMILA BEGUM W/O ATABUR RAHMAN @ ATAB UDDIN R/O VILL- USHNABAJ P.O. ANGLABAZAR P.S. BADARPUR DIST. SRIBHUMI ASSAM 3: FARHANA BEGUM W/O NIZAM UDDIN @ NIJAM R/O VILL- USHNABAJ P.O. ANGLABAZAR P.S. BADARPUR DIST. SRIBHUMI ASSAM 4: MASHUK AHMED @ MASUK AHMED S/OLT. ILIAS ALI @ ELIAS ALI R/O VILL- USHNABAJ P.O. ANGLABAZAR P.S. BADARPUR DIST. SRIBHUMI ASSAM 5: HUSSAIN AHMED S/O LT. ILIAS ALI @ ELIAS ALI R/O VILL- USHNABAJ P.O. ANGLABAZAR P.S. BADARPUR Page No.# 2/5 DIST. SRIBHUMI ASSAM 6: DILWARA BEGUM D/O SIDDEK ALI R/O VILL- USHNABAJ P.O. ANGLABAZAR P.S. BADARPUR DIST. SRIBHUMI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MS R DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 18.03.2026 1. Heard learned Senior Counsel Mr. H. R. A. Choudhury for the petitioners namely, (i) Renu Bibi, (ii) Jomila Begum @Jamila Begum, (iii) Farhana Begum, (iv) Mashuk Ahmed @Masuk Ahmed, (v) Hussain Ahmed, and (vi) Dilwara Begum, who have filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with PRC Case No. 1265/2025 (G.R. Case No. 2265/2024) arising out of Badarpur Police Station Case No. 311/2024 under Section 117/109/103(2) of Bharatiya Nyaya Sanhita, 2023. Page No.# 3/5 2. Heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the respondent State. 3. Charge-sheet has been laid against the petitioners under Sections 61(2)/126(2)/127(2)/117(2)/109/103(2) of the BNS. It is submitted that the petitioners have been shown as absconders. It is contended that the FIR in an omnibus manner has implicated the petitioners without any specific role attributed to them. The FIR was lodged by the father of the deceased who has alleged that all the petitioners had assaulted his daughter who was falsely alleged of indulging in an illicit affair with a person named Selim Uddin. The petitioners mercilessly assaulted both Selim Uddin and his daughter with intent to eliminate them. The deceased i.e. the informant's daughter finally succumbed to her injuries. She was taken to the Srigouri hospital but unfortunately, as she was referred to SMCH, she succumbed to her injuries on her way to SMCH. 4. It is submitted on behalf of the petitioners that they did not assault the deceased. In fact, there are allegations that only Selim Uddin was assaulted. The victim died after three days but not as a result of the assault. 5. The learned Additional Public Prosecutor has raised serious objection stating that this is not a case of anticipatory bail. The gravity of the offence is one factor which has to be taken into consideration while considering the prayer for anticipatory bail. 6. The petitioners have allegedly assaulted not one but two individuals and one individual passed away whereas, another individual was also assaulted in connection with this case. Charge-sheet has been laid against them which clearly reveals that indeed there was a prima facie case to submit charge-sheet against them. The petitioners did not cooperate with the investigation and now there is every possibility that they will not cooperate with the trial. Page No.# 4/5 7. I have scrutinized the scanned copies of the Case Diary as well as the scanned copies of the Trial Court Records. 8. To consider a prayer for anticipatory bail after charge-sheet has been laid against the petitioners, the Court has to consider, the role attributed to the petitioner; the gravity of the offence; the possibility of evading trial; and overall the entire facts and circumstances of the case. 9. The merits of the case are not brought to the fore as trial has not yet commenced. Although, it is submitted that the petitioners are willing to cooperate with the trial, but considering the entire aspect of the matter, this court is hesitant to grant anticipatory bail to the petitioners (i) Renu Bibi, (ii) Jomila Begum @Jamila Begum, (iv) Mashuk Ahmed @Masuk Ahmed, (v) Hussain Ahmed, and (vi) Dilwara Begum. However, the prayer for anticipatory bail of the petitioner, Farhana Begum is allowed. 10. In the event of arrest of the petitioner, Farhana Begum, the Elaka Magistrate/Jurisdictional Court may enlarge her on bail of Rs 50,000/- with a suitable surety of like amount to the satisfaction of the Court. 11. The anticipatory bail prayer of the other petitioners (i) Renu Bibi, (ii) Jomila Begum @Jamila Begum, (iv) Mashuk Ahmed @Masuk Ahmed, (v) Hussain Ahmed, and (vi) Dilwara Begum stands rejected at this stage. 12. In terms of the above observation, this application stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant