Page No.# 1/5 GAHC010063012026 2026:GAU-AS:6521 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/682/2026 ROMJINA BEGUM ALIAS ROMGINA KHATUN AND 6 ORS. W/O NIZAM HOQUE 2: JAKAM ALI ALIAS ZAKARIA AHMED S/O KHAIRUL ISLAM 3: NIJAMUL ISLAM ALIAS HOQUE S/O ABU SAYED 4: RASHIDUL ISLAM S/O ABU SAYED 5: TAJMUL ISLAM ALIAS HOQUE S/O S/O ABU SAYED 6: WAFIJA BEGUM ALIAS OZIFA KHATUN W/O ABU SAHID 7: KHAIRUL ISLAM S/O JANAB ALI ALL ARE RESIDENT OF R/O VILL. UDHANTALA P.S. DHING DIST. NAGAON ASSAM PIN-78200 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED P.P, GOVT. OF ASSAM Advocate for the Petitioner : DARAK ULLAH, MS. S D HUSSAIN,SABRISH AHMED,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 12.05.2026. Heard Mr. D. Ullah, the learned counsel for the petitioners. Also heard Mr. P.S. Lahkar, the 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- arrest bail to the accused/petitioners, namely, (1) Romjina Begum @ Romgina Khatun, (2) Jakam Ali @ Zakaria Ahmed, (3) Nijamul Islam @ Hoque, (4) Rashidul Islam, (5) Tajmul Islam @ Hoque and (6) Wafija Begum @ Ozifa Khatun and (7) Khairul Islam, who are apprehending arrest in connection with the PRC Case No. 221/2026, in connection with Dhing P.S. Case No.238/2025, registered under Sections 191(2)/191(3)/329(3)/117(2)/118(2) of the BNS, 2023. The scanned copy of the TCR is received and perused the same. It is submitted by Mr. Ullah, the learned counsel for the petitioners that the present petitioners along with two others namely, Momina Begum @ Khatun and Abu Sahed applied for pre-arrest bail before the learned Sessios Judge, Nagaon which was rejected and thereafter, they appeared before this Court by filing the AB No.2831/2025, with a prayer for anticipatory bail and considering the fact that the two of the petitioners namely, Momina Begum @ Khatun and Page No.# 3/5 Abu Sahed were the injured persons and accordingly, considering that aspect, those two petitioners were provided with the privilege of interim pre-arrest bail. But during the pendency of the anticipatory bail petition, the case was charge sheeted and accordingly, vide order dated 13.02.2026, this Court had directed all the petitioners including those two petitioners, who were granted with the interim pre-arrest bail to appear before the learned Trial Court below, within 15 days with a prayer for regular bail application. The two accused persons, who were provided with the interim pre-arrest bail have already appeared before the I.O. and cooperated with the investigation of the case, for which they were not shown as an absconders in the charge sheet. But the remaining petitioners i.e. petitioner Nos.1—7 in the present case were shown as absconders, as they could not appear before the I.O. during investigation of this case. But they never absconded and rather they approached on two occasions seeking anticipatory bail before the learned Sessions Judge, Nagaon as well as before this Court. However, during the pendency of the bail application, as the case has been charge sheeted, they did not get the opportunity to appear before the I.O. to cooperate in the investigation of the case. However, all the petitioners are ready and willing to appear before the learned Trial Court below to contest the case. But the case has been charge sheeted under 191(2)/191(3)/329(3)/117(2)/118(2) of the BNS, 2023 and though the other Sections are bailable, but the Section 118(2) of the BNS, 2023 is a non- bailable one, wherein the period of imprisonment may be extended upto life and thus, if the petitioners surrender before the learned Trial Court below due to the embargo under Section 480, Clause 1(2)(i) of the BNSS, 2023, the Magistrate or the Officer may not grant bail to the present accused petitioners and there is apprehension of remanding them to the custody and for that reason only, they Page No.# 4/5 could not even surrender before the learned Trial Court below with a prayer for regular bail. In that context, Mr. Ullah, the learned counsel for the petitioners also cited an order of the coordinate Bench of this High Court, passed in AB No.1055/2025, dated 14.05.2025. Mr. Ullah, the learned counsel for the petitioners further submitted that there was cross case between the parties and as per his information, the cross case is also charge sheeted which was registered as PRC Case No.116/2026, under the same sections of law. Accordingly, he submitted that if the prayer for pre-arrest bail is considered at this stage, the petitioners can appear before the learned Trial Court below with a regular bail application. Mr. Lahkar, learned Addl. P.P., Assam submitted in this regard that the case has already been charge sheeted and these accused petitioners are shown as absconders in the charge sheet and that apart, there are sufficient materials against the petitioners who assaulted the victims causing grievous injuries on their persons. Mr. Lahkar accordingly raised objection in granting bail to the present petitioners at this stage and submitted that they may appear before the learned Trial Court below with a regular bail application. Considering the submissions made by learned counsel for both sides, it is seen that admittedly there is cross cases between the parties and two accused persons, who earlier granted with the pre-arrest bail also sustained injuries due to alleged assault made by the informant side. Further, considering the submissions made by Mr. Ullah, the learned counsel for the petitioners, specially the embargo under Section 480, Clause 1(2)(i) of the BNSS, 2023, it cannot be denied that there is probability of remanding the accused petitioners to the jail Page No.# 5/5 hajot by the learned Trying Magistrate. Considering this aspect of the case and all other aspects including the cross case between the parties and also the approach made by the petitioners before the Courts, seeking pre-arrest bail etc., this Court is of the opinion that protection of pre-arrest bail may be provided to the present petitioners. Accordingly, the accused petitioners named above are directed to appear before the learned Trial Court below within seven (7) days from today and on their appearance, the learned Trial Court shall allow them to go on bail on executing a bail bond of Rs. 30,000/- (Rupees twenty thousand) only, with one surety of like amount for each of them, to the satisfaction of the learned Trial Court below. With the above direction, this bail petition stands allowed and disposed of. JUDGE Comparing Assistant