Page No.# 1/3 GAHC010103332026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1094/2026 APSANA AHMED W/O SAFIQUL ISLAM, R/O VILL HAIBORGAON, PS NAGAON, DIST NAGAON, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,R MALI,MR. SURAJIT DAS,A MISHRA,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 28.09.2026 Heard Mr. S. Nawaz, learned Counsel for the petitioner and Mr. RJ Baruah, learned Additional Public Prosecutor for the State. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Nagaon PS Case No. 167/2026 registered under Sections Page No.# 2/3 331(4)/305 of BNS, 2023. The FIR in connection with which the petitioner apprehends arrest was lodged on 25.02.2026 by the victim stating inter alia that on 04.07.2025 much before the FIR was lodged when he along with his wife had gone to his wife’s maternal home, some unknown miscreants broke the lock of his residential house and stole cash amounting to Rs. 40,000/- as well as gold ornaments. During investigation of the said case, the police arrested one Ajijul Ahmed, who is stated to have stolen the articles and it was found that said Ajijul Ahmed had sold the articles to the husband of the petitioner and that with the said gold, the husband had applied for a gold loan in favor of the petitioner. 3. The learned Counsel for the petitioner submits that the complicity of the petitioner cannot be seen in the said offence and the learned Additional Public Prosecutor on perusal of the Case Diary submits that in her name, the gold loan was taken by her husband and that her husband knew that those were stolen articles. Further it is seen that the petitioner was enlarged on interim pre arrest bail by order dated 27.05.2026 on the condition that the petitioner should appear before the Investigating Officer. 4. Mr. RJ Baruah, learned Additional Public Prosecutor on perusal of the Case Diary submits that the petitioner had appeared before the Investigating Officer and her statement is recorded. As such, it is seen that the petitioner is cooperating with the investigation and accordingly the order dated 27.05.2026 is made absolute with the following observations: i) the petitioner will appear before the Investigating Officer within a period of 10 days from the date of the order. ii) the petitioner will appear before the Investigating Officer thereafter as and when called for. iii) the petitioner will not hamper, tamper with the evidence, neither Page No.# 3/3 influence the witnesses connected with the case. iv) the petitioner will not leave the place of jurisdiction without the permission of the Arresting Athority. 5. Petition is disposed of. JUDGE Comparing Assistant