Delowara Begum v. The State of Assam

ORDER Date : 07.06.2023

Heard Mr. H.R. A. Choudhury, learned senior counsel assisted by Mr. I. U. Choudhury, learned counsel appears for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam. Mr. A. A. R. Karim, learned counsel appears for the informant. Page No.# 2/3

¶2By this application under Section 438 of Cr. P.C., the petitioner, namely, Delowara Begum is seeking Anticipatory Bail apprehending arrest in connection with an FIR dated

22.02.2023, which is registered as Baguan Police Station case No. 19/2023, registered under Sections 384/306/34 of IPC.

¶3By the said FIR dated 22.02.2023, lodged by the informant, one Amir Ali Khan it was alleged that his younger brother, Azizul Hoque Khan committed suicide by hanging in a rented house of one Sadek Ali situated at Junkaipara. Before committing suicide the deceased person recorded a video and named the accused persons as persons responsible trying to blackmailed him for money, because of which the petition finding no other alternatives has committed suicide.

¶4This Court by earlier order dated 11.04.2023 while calling for case dairy had granted interim bail to the petitioner.

¶5The case dairy called for has been produced by Mr. B. B. Gogoi, learned Additional Public Prosecutor appears for the State of Assam. The case dairy produced has been carefully perused.

¶6Mr. A. A. R. Karim, learned counsel appears for the informant has filed an objection opposing to the grant of bail of the petitioner.

¶7Having heard the learned counsels for the parties and upon perusal of the case dairy it is seen that the case diary during the course of investigation suggest some relationship between Page No.# 3/3 the petitioner and the deceased however, no such materials are noticed from the case dairy which suggest that grant of or continuation of interim bail granted to the petitioner ought not to be continued. No materials are seen from the case diary to suggest that pursuant to grant of interim bail, the petitioner did not abide by the conditions mentioned in the said order or that the continuation of the interim bail granted will cause any impediment with the investigation that is carried on.

¶8There are no materials to suggest that the petitioner did not abide by the conditions in the order dated 11.04.2023. No materials are available in the case dairy to suggest that grant of anticipatory bail will not be conducive for the investigations carried on at this stage.

¶9Upon due consideration of the materials available before this Court, this Court is of the view that the interim bail granted vide order dated 11.04.2023 can be made absolute. The interim bail granted earlier is therefore made absolute on the same conditions mentioned in the said order.

¶10Accordingly, anticipatory bail petition is allowed and disposed of.

¶11Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010051052023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/841/2023 DELOWARA BEGUM W/O- SHAIJUDDIN, VILL- JHUNKAIPARA, P.O. SIMLABARI, P.S. BAGUAN, PIN- 783101, DIST.- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA