Page No.# 1/4 GAHC010032302026 2026:GAU-AS:4123 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/374/2026 ABUL HUSSAIN @ ABUL HOSEN AND 3 ORS S/O TAJIM UDDIN R/O VILL- MOURI PAM P.O. MONDIA P.S. BAGHBOR DIST. BARPETA, ASSAM 2: RASHIDA KHATUN W/O ABUL HUSSAIN R/O VILL- MOURI PAM P.O. MONDIA P.S. BAGHBOR DIST. BARPETA ASSAM 3: ABDUL KHALEK S/O TAJIM UDDIN R/O VILL- MOURI PAM P.O. MONDIA P.S. BAGHBOR DIST. BARPETA ASSAM 4: SARIF UDDIN @ SABUR UDDIN S/O TAJIM UDDIN R/O VILL- MOURI PAM P.O. MONDIA P.S. BAGHBOR DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM Page No.# 2/4 REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MS. P BORAH, Advocate for the Respondent : PP, ASSAM, MD IMRAN(INFORMANT),MR. S RAHMAN(INFORMANT),MD R ISLAM(INFORMANT),MR S M ABDULLAH P(INFORMANT) BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-03-2026 Heard Ms. P. Borah, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioners, namely, (i) Abul Hussain @ Abul Hosen; (ii) Rashida Khatun; (iii) Abdul Khalek and (iv) Sarif Uddin @ Sabur Uddin in connection with Howly P.S. Case No. 11/2026 registered under Sections 103(1)/137(2)/351(3)/3(5) of the BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Ms. Borah, learned counsel that the petitioners are the accused Nos. 3, 4, 5 and 6, who are not at all connected with the alleged offence. More so, from the plain reading of the FIR also it is seen that the entire allegation is brought against the accused Nos. 1 and 2 and on the date of the incident also it is stated that there was quarrel between the accused Nos. 1, 2 and the victim. But in the FIR the only allegation brought against the present petitioners is that prior to six months of the occurrence, the matter was reported before these four petitioners but they misbehaved with the family Page No.# 3/4 members of the victim/informant and they also threatened that they would engaged her in some prostitution business. But these four petitioners are not at all involved in the alleged offence. 5. However, the petitioners are still ready and willing to extend their cooperation in the further investigation of this case, if they are provided with the privilege of pre-arrest bail. 6. Mr. Borthakur, learned APP submitted in this regard that it is a fact that basically the allegation is brought against the accused Nos. 1 and 2 and on the day of the incident also, the victim was seen along with accused Nos. 1 and 2. But the final opinion of the death of the deceased has not yet been received as to whether the death is suicidal or homicidal in nature. 7. Considering the submissions made by the learned counsel for the parties and also considering the materials in the case diary, I find that custodial interrogation of the present petitioners may not be required for the purpose of investigation of this case and accordingly, I find it a fit case to extend the privilege of pre-arrest bail to the petitioners. 8. Accordingly, it is provided that in the event of arrest of the accused/petitioners, namely, (i) Abul Hussain @ Abul Hosen; (ii) Rashida Khatun; (iii) Abdul Khalek and (iv) Sarif Uddin @ Sabur Uddin in connection with Howly P.S. Case No. 11/2026 registered under Sections 103(1)/137(2)/351(3)/3(5) of the BNS, 2023, they shall be enlarged on pre- arrest bail on their executing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each only, with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: (i) that the petitioners shall appear before the Investigating Page No.# 4/4 Officer of the case within a period of 1(one) week from today to enable recording of their statements; (ii) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (iii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 9. This pre-arrest bail application accordingly stands disposed of. 10. Return the case diary. JUDGE Comparing Assistant