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2026 DAILYLAW 14981 (GAU)

MANOWARA BEGUM v. THE STATE OF ASSAM

AB/1935/2026 · 2026-09-22

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010174172026 2026:GAU-AS:14123 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1935/2026 MANOWARA BEGUM W/O MAGABUL ALI @ MOGUL ALI VILL- 1 NO. SOLMARI, P.S. HAJO, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN ORDER 23.09.2026 Heard Mr H A Ali, learned counsel for the petitioner. Also heard Mr B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioners, the petitioner has prayed for pre-arrest bail in connection with Hajo PS Case No. 370/2026, registered under Sections 316(2)/336(3)/ 342/ as well as Section 3(5) of the BNS, 2023. 3. The First Information Report in connection with which the petitioner is apprehending arrest, was lodged on 26.07.2026, by the informant, namely, Samiran Page No.# 2/3 Nessa, stating inter alia, that the petitioner along with two others, one being her husband, had collected documents from the villagers including the informant on the false pretext that they will get the name of the informant and others enrolled in the Government Scheme. It was also alleged that it was promised by the petitioner and others that money under the Government Scheme will be credited in their accounts, but when no money was credited, informant and others enquired and found out that by using their documents as well as the one time passwords, the accused persons including the petitioner opened fraudulent bank accounts and were conducting cyber fraud with regard to the same. 3. The learned counsel for the petitioner submits that the petitioner was used by other accused persons to collect the documents from the complainant and others and that she is not involved in the offence. He further submits that the petitioner was enlarged on interim pre-arrest bail on the condition that she should go and appear before the Investigating officer and that she went and appeared and her statement was recorded and as such, he submits that the petitioner is cooperating with the investigation. 4. Mr B Sarma, the learned Additional Public Prosecutor for the State, however, on perusal of the Case Diary submits that it was the petitioner who had gone and collected the documents from the innocent villagers, including the informant and thereafter, sims were obtained on the basis of those documents and the entire offence was committed. He submits that custodial interrogation of the petitioner is required in order to dig out the further evidence and also to arrest the other accused persons, who are involved in the offence. 5. Upon consideration of the submissions made by the learned counsels, more so, in view of the fact that allegations are made against the petitioner specifically and it is also submitted by the other co-accused and other witnesses that petitioner is involved in the offence, this Court, at this stage, is not inclined to enlarge the petitioner on pre-arrest bail. Page No.# 3/3 6. Further, the interim order dated 24.08.2026, stands vacated. 7. Bail Application stands dismissed and disposed of. 8. Send back the Case Diary. JUDGE Comparing Assistant