Bitumoni Choudhury v. The State of Assam

ORDER 04-12-2024 Heard Mr. K. P. Pathak, learned Senior Counsel assisted by Mr. JUNM Laskar, learned counsel for the petitioner and Ms. N. Das, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/3

¶2Apprehending her arrest, the petitioner, namely, Bitumoni Choudhury, daughter of Faijul Islam, resident of Sarumotoria, Hengerabari, P.S-Dispur, District-Kamrup (Metro) has filed this application under Section 482 BNS seeking pre-arrest bail in Abhayapuri P.S. Case No. 202/2024 registered under Section 308(20 of the BNS, read with Section 7 of the Prevention of Corruption Act.

¶3Matter relates to demand and accept of bribe from various people on the pretext of facilitating certain official task by the FIR named accused person .

¶4The Court while granting interim bail to the petitioner on 06.11.2024 called for the case diary.

¶5Ms N. Das, learned Addl. PP placed the case diary before the Court today.

¶6From the case diary, it is seen that after obtaining interim bail, the petitioner appeared before the concerned Investigating Officer of the case and her statement has already been recorded.

¶7It is also seen that not only the FIR named accused persons of the case has been arrested, but some other persons involved in the case have been subsequently arrested.

¶8Ms. N. Das, learned APP from the case diary submitted that the petitioner is cooperating with the investigation of the case.

¶9Considering the materials in the case diary and the fact that after obtaining interim bail, the petitioner is co-operating with the investigation of the case, the Court is of the view that custodial interrogation of the petitioner is not warranted for investigation of said Abhayapuri P.S. Case No. 202/2024. As such, this pre-arrest bail application of the petitioner is accepted.

¶10Accordingly, the interim pre-arrest bail granted to the petitioner on 06.11.2024 in said Abhayapuri P.S. Case No. 202/2024 is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 06.11.2024 and on compliance of the following conditions that the petitioner – (i) shall appear before the concerned Investigating Officer of said Abhayapuri P.S. Case No. 202/2024 during the office hours as and when she is required for necessary investigation of said Abhayapuri P.S. Case. Page No.# 3/3

¶11Any violation of the aforesaid term and conditionsas well as the terms and conditions as specified in the order dated 06.11.2024, noted above, by the petitioner, named above, the pre-arrest bail granted to her in the aforementioned Abhayapuri P.S. Case No. 202/2024 shall stand automatically vacated.

¶12This pre-arrest bail application accordingly stands disposed of.

¶13Return the case diary herewith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010231342024 2024:GAU-AS:12265 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2911/2024 BITUMONI CHOUDHURY D/O FAIJUL ISLAM, R/O SARUMOTORIA, HENGRABARI, PS. DISPUR, GUWAHATI-06, DISTRICT KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR K P PATHAK, MS. J GHOSH,MR. R MAJUMDAR,MR. JUNM LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK