Page No.# 1/3 GAHC010141552026 2026:GAU-AS:14553 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1553/2026 NURUL ISLAM AND ANR S/O ABED ALI, R/O VILL.- SALA PATHAR, P.S.- BATADRAVA, DIST.- NAGAON, ASSAM PIN - 782122. 2: JOMILA KHATUN ALIAS JAMILA KHATUN W/O MOZIBUR RAHMAN R/O VILL.- SALA PATHAR P.S.- BATADRAVA DIST.- NAGAON ASSAM PIN -78212 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A N IQBAL, MR. M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 30.09.2026 Heard Mr. A.N. Iqbal, learned counsel for the applicants and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with CID PS Case No. 20/2020, under Page No.# 2/3 Sections 120-B/406/409/419/420/468/471 of the IPC, read with Section 66(C)/66(D) of the IT Act, this application under Section 482 of the BNSS, is preferred by applicants namely, Nurul Islam and Jomila Khatun @ Jamila Khatun, for grant of pre-arrest bail. 3. It is to be noted her that said case was registered on the basis of an FIR lodged by Director of Assam Minorities Development Board cum State Nodal Officer, Pre-Matric Scholarship for Minorities, Assam, on 28.08.2020. 3.1. The essence of allegation in the FIR relates to misappropriation of Pre-Matric Scholarship Fund for the students of Minority Communities, by the Headmaster of some schools of Karimganj District; Goalpara District; Dhubri District; Barpeta District; and Darrang District. 4. Mr. Iqbal, learned counsel for the applicants, submits that this Court was pleased to grant interim protection to the applicants, vide order dated 09.07.2026 and pursuant to the said order, the applicants have appeared before the IO and have been cooperating with the investigating agency. Mr. Iqbal further submits that the custodial interrogation of the applicants may not be required in the interest of investigation and therefore, it is contended to make the interim order dated 09.07.2026, absolute in the same terms and conditions. 5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor by producing the case diary before this court, submits that the applicants have appeared before the IO and their statements are recorded and that material part of investigation is almost over. 6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. Page No.# 3/3 7. Considering the submissions of learned counsel for both the parties and also considering the fact that the applicants have been cooperating with the investigating agency and also the progress of investigation, this Court is of the view that their custodial interrogation seems to be unwarranted here in this case. And therefore, this Court is inclined to make the interim order dated 09.07.2026, absolute in the same terms and condition. 8. In terms of above this AB stands disposed of. 9. The case diary be returned. JUDGE Comparing Assistant