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2026 DAILYLAW 586 (GAU)

LAILY BEGUM BARBHUIYA ALIAS MINI v. THE STATE OF ASSAM

AB/514/2026 · 2026-03-11

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010047582026 2026:GAU-AS:3637 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/514/2026 LAILY BEGUM BARBHUIYA ALIAS MINI W/O. SUKUR ALI,R/O. VILLAGE NAJIRBOND BASTI,P.S. BORKHOLA,DISTRICT CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLICPROSECUTOR, ASSAM. Advocate for the Petitioner : MR. JUNM LASKAR, MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 12.03.2026. Heard Mr. JUNM Laskar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing on behalf of the State respondent. This is an application under Section 482 of BNSS, 2023 praying for grant of pre- Page No.# 2/3 arrest bail to the accused/petitioner, namely, Ms. Laily Begum Barbhuiya @ Mini who is apprehending arrest in connection with the PRC No.1839/2025 (corresponding to the Borkhola P.S. Case No. 99/2025), under Sections 109(1)/115(2)/126(2)/296/3(5) of the BNS, 2023, pending in the Court of learned SDJM (S), Cachar at Silchar. It is submitted by Mr. Laskar, the learned counsel for the present accused petitioner that she is innocent and there is no specific allegation brought against her in the FIR, though as the wife of the accused No.1, her name is mentioned in the FIR. During the investigation, the police never searched for her and hence, she was not aware about the case instituted against her. However, the case has already been charge sheeted showing as an absconder. She has already received the summons from the learned Trial Court and also ready to appear before the learned Trial Court and to contest the case accordingly. However, as she has been shown as an absconder in the charge sheet, interim protection may be provided to her so that she can appear before the learned Trial Court. Mr. Borthakur, learned Addl. P.P., Assam submitted in this regard that the petitioner may be directed to appear before the learned Trial Court with an appropriate application for bail, which may be considered in accordance with law. He further submitted that till date, only the summons was issued against the present accused petitioner. Considering the submissions made by learned counsel for both sides, the petitioner is hereby directed to appear before the learned Trial Court below within 15 days from this order, with an appropriate application for bail, which Page No.# 3/3 may be considered in accordance with law. However, till 15 days from the date of this order, as an interim protection, no coercive action shall be taken against the present petitioner. With the above observation, the present pre-arrest bail application stands allowed and disposed of. JUDGE Comparing Assistant