Sabiran Nessa v. The State of Assam

ORDER

18.11.2024

¶1Heard Md. S. Ali, learned counsel for the petitioner Sabiran Nessa.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

05.11.2024 in connection with Paltanbazar P.S. Case No. 390/2024 under Page No.# 2/3 Section 307 of the BNS.

¶3Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has raised serious objection stating that the bail petition cannot be considered without the perusal of Case Diary. The offence alleged against the petitioner is of a serious nature.

¶5I have considered the submissions at the Bar.

¶6The allegation against the petitioner is that the informant along with her daughter were to board a bus, when the petitioner snatched away the informant's bag containing a sum of Rs. 15,000/-. However, after pursuing the petitioner, the informant and her daughter were able to recover the bag that was snatched away from them, but Rs. 15000/- was found missing. When the petitioner was apprehended, public gathered and thereafter the petitioner was forwarded to custody and Rs. 3080/-, was recovered from the possession of the petitioner. The petitioner was accompanied by other women who were also complicit and they helped the petitioner in snatching away the bag.

¶7I have considered the submission on behalf of the petitioner that the petitioner is willing to co-operate with the reaming part of investigation. The petitioner is a local resident and she is not a flight risk.

¶8In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup(M) under the conditions that:

(i) The petitioner shall refrain from such activities with which she is alleged, Page No.# 3/3

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

¶9On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010238692024 2024:GAU-AS:11167 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3490/2024 SABIRAN NESSA W/O LATE KADAR ALI, R/O GOROIMARI, P.S. HOWLY, DISTRICT BARPETA, ASSAM, PIN-781316 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD S ALI, MR M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND