Page No.# 1/3 vs The State Of Assam
2022 Latest Caselaw 3443 Gua

                                                                     Page No.# 1/3

GAHC010180582022




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

                                  Case No. : AB/2605/2022

            MONIKA BORAH AND ANR
            W/O LT. KAMAKHYA PRASAD GOGOI,
            R/O RAILWAY AMERICAN COLONY, MARIANI
            P.S. MARIANI
            DIST. JORHAT, ASSAM

            2: RINA BORAH
             W/O LATE PANINBARA NATH BORAH
            R/O RAILWAY AMERICAN COLONY
             MARIANI
            P.S. MARIANI
            DIST. JORHAT
            ASSA

            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MR S M ABDULLAH P

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 08.09.2022

Heard Mr. S.M. Abdullah, learned counsel for the petitioners. Also heard Page No.# 2/3

Mr. D.P. Goswami, learned APP appearing for the State.

Apprehending arrest in connection with Teok P.S. Case No. 189/2022, under sections 306/34 IPC, the petitioners have filed this application under section 438 Cr.P.C.

Let the case diary be produced on 26.09.2022.

The learned counsel for the petitioners has prayed for interim bail, which is opposed by the learned APP.

Although both the petitioners are FIR named accused, but perusal of the judgment dated 11.07.2016, passed by the learned Additional Sessions Judge, Jorhat in Sessions Case No. 35 (JJ) of 2015, there appears to be a totally different side of the story as it reveals that the deceased husband of the petitioner no.1 was maintaining physical relationship with another woman and he was sentenced to undergo rigorous imprisonment for 6 (six) months with default stipulation and further rigorous imprisonment for 1 (one) month.

Moreover, as both the petitioners are female, there would be least chance of their absconding or influencing the witnesses. Therefore, the Court is inclined to grant interim pre-arrest bail to the petitioners by providing that in the event of the arrest of the petitioners, namely, (1) Monika Borah, and (2) Rina Borah in connection with the aforesaid case, they shall be released on interim bail on furnishing bail bond of Rs.40,000/- each with one suitable surety of like amount to the satisfaction of the arresting officer.

The interim pre-arrest bail is granted on the following conditions:

1. The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.

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2. 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

3. The petitioners shall not obstruct the smooth progress of the investigation/trial.

4. The petitioners shall not misuse their liberty in any manner.

5. The petitioners shall appear before the I/O within 7 (seven) days from today.

6. The petitioners shall not leave the jurisdiction of Mariani Police Station, where they are ordinary resident, without prior written intimation to the I/O of Teok P.S. Case No. 189/2022.

List on 26.09.2022.

JUDGE

Comparing Assistant