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Asmina Khatun and Anr. v. the State of Assam

Gauhati HC9 Nov 2025AB/2456/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS; disposed of with liberty to apply for regular bail within 15 days; interim pre-arrest bail Rs. 20,000/- with one local surety; North Lakhimpur P.S. Case No. 277/2025; Sections 140(3), 64, 3(5) BNS; GR No. 783/2025; charge-sheet CS No. 283/2025 dated 07.10.2025; Gauhati High Court; Justice Sanjeev Kumar Sharma; petitioners Asmina Khatun and Isab Ali; State of Assam.

What did the court decide?

Application under Section 482 BNSS disposed of with liberty to the petitioners to approach the learned Trial Court within fifteen days for regular bail; in the interim, if arrested within that period, release on pre-arrest bail of Rs. 20,000/- with one local surety of the like amount, subject to the condition of no inducement, threat or promise to witnesses; any bail application thereafter to be considered as per law.

Asmina Khatun and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (Asmina Khatun and Isab Ali) are entitled to anticipatory bail under Section 482 of BNSS in connection with North Lakhimpur P.S. Case No. 277/2025 u/s 140(3)/64/3(5) of BNS in GR No. 783/2025. +1 more

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Court's answer

On the petitioners' counsel submitting that they would appear before the Trial Court and apply for regular bail, the anticipatory bail application was disposed of with liberty to the petitioners to approach the learned Trial Court within fifteen days.

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Ratio / Principle

Until the expiry of fifteen days, in the event of arrest the petitioners were to be released on pre-arrest bail of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the arresting authority.

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Key takeaways

Condition imposed on the interim pre-arrest bail: 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 them from disclosing such facts before the Investigating Officer.ratio¶18

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Sanjeev Kumar Sharma), Order dated 10.11.2025 in AB/2456/2025: Application under Section 482 of BNSS by Asmina Khatun and Isab Ali for anticipatory bail in connection with North Lakhimpur P.S. Case No. 277/2025 u/s 140(3)/64/3(5) of BNS in GR No. 783/2025, wherein charge-sheet had been submitted (CS No. 283/2025 dated 07.10.2025). On the petitioners' counsel stating that the petitioners would appear before the Trial Court and apply for regular bail, the application was disposed of with liberty to approach the Trial Court within fifteen days. Pending such application, the Court directed that in the event of arrest the petitioners be released on pre-arrest bail of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the arresting authority, subject to the condition that they shall not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure before the Investigating Officer. Any subsequent bail application to be considered as per law.

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GAHC010227062025

2025:GAU-AS:15138

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2456/2025

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ASMINA KHATUN AND ANR W/O LATE YASIN ALI R/O VILL- NO. 1 RAMPUR P.O. DEJOO, P.S. NORTH LAKHHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN787031

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2: ISAB ALI SON OF LATE FAZAR ALI R/O VILL- NO. 1 RAMPUR P.O. DEJOO P.S. NORTH LAKHIMPR DIST. LAKHIMPUR ASSAM PIN-78703 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM.

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Advocate for the Petitioner : MR. M K NEOG, MR. M K DUTTA

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Advocate for the Respondent : PP, ASSAM,

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B E F O R E

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HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER

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10.11.2025

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Heard Mr. M K Neog, learned counsel for the petitioner. Also heard Mr. D P Goswami, learned Addl. Public Prosecutor and he submits that charge-sheet has already been submitted in the case vide CS No. 283/2025 dated 07.10.2025.

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2. This is an application under Section 482 of BNSS has been filed by the petitioners, namely; (i) Asmina Khatun & Isab Ali have prayed for anticipatory bail in connection with North Lakhimpur P.S Case No. 277/2025 u/s 140(3)/64/3(5) of BNS in GR No. 783/2025 .

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3. Learned counsel for the petitioners submits that he shall appear before the learned Trial Court and apply for regular bail. Accordingly, the petition stands disposed off with the observation that the petitioners may approach the learned Trial Court, within a period of fifteen days from today.

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4. In the event of any application for bail, the same may be considered as per law. Till that date i.e., fifteen days from today, it is provided that the petitioners in the event of their arrest shall be released on pre-arrest bail of Rs. 20,000/- with one local surety of the like amount to the satisfaction of the arresting authority, with the following conditions;

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(i) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person

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from disclosing such facts of the case before the Investigating Officer;

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5. With the above observations, the anticipatory bail application is disposed of.

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JUDGE

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Comparing Assistant

Asmina Khatun and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Asmina Khatun and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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