Arati Das @ Aroti Das v. The State of Assam

ORDER Date : 28.03.2024

Heard Mr. S.M. Abdullah P, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. This is an application under Section 439 of the Code of Criminal Procedure, 1973, praying for grant of bail to the accused/petitioner namely Sri Arati Das @ Aroti Das, who has been languishing in Page No.# 2/2 jail hazot in connection with Hajo P.S. Case No.89/2024 under Sections 325/448/307 IPC. Case diary is received. Perused the same. It is submitted by the learned counsel for the petitioner that she is innocent and there was a quarrel between the two sister-in-law, wherein some tussle took place and apart from that no such incident had happened as alleged in the First Information Report(FIR). Learned Additional Public Prosecutor has submitted that as per the medical report, the injury sustained by the victim is simple in nature. I have heard the learned counsel for both sides. Considering the materials available in the case diary as well as the injury report of the victim, I find that further custodial detention of the petitioner may not be necessary and hence, I find it a fit case to grant the privilege of bail to the petitioner. In view of the above, it is provided that the accused petitioner namely Sri Arati Das @ Aroti Das will be allowed to go on bail on furnishing a bail bond of Rs.10,000/- with one surety of the like amount to the satisfaction of learned JMFC, Hajo subject to the following conditions:- i. that the petitioner 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 the Court or to any police officer; and

ii. that the petitioner shall not leave the jurisdiction of the learned learned JMFC, Hajo, without prior permission. Accordingly, the Bail Application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010061742024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./860/2024 ARATI DAS @ AROTI DAS W/O LATE PHANIDHAR DAS R/O KULHATI, CHATRASALI P.S. HAJO DIST. KAMRUP, ASSAM 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 MRS. JUSTICE MITALI THAKURIA