Trishna Bora v. The State of Assam

ORDER Date : 20.04.2024 Heard Mr. D. Medhi, learned counsel for the petitioner. Also heard Ms. N.Das, learned Additional Public Prosecutor for the State respondent. This is an application under Section 438 of the Code of Criminal Procedure, 1973 praying for grant of pre-arrest bail to the accused/petitioner, namely Trishna Bora who is apprehending arrest in connection with Golaghat P.S. Case No.56/2024 under Sections 120(b)/420/421/422/423/386/387 IPC. Page No.# 2/3 Case diary is received. Perused the same. It is submitted by the learned counsel for the petitioner that she is innocent and in no way connected in the alleged offence and she is not at all connected in the money laundering business and she knows one of the co-accused whom she borrowed some money for admission of her daughter and that apart she is no way connected or involved in the offence. However, she is ready and willing to appear before the I/O if she is granted with the privilege of pre-arrest bail. In this context, learned Additional Public Prosecutor has submitted that one or two co-accused has named the present petitioner. However, considering the material available in the case diary, her pre-arrest bail may be considered. After considering the submission made by the learned counsel for both the parties and the materials available in the case diary and other aspects of the case, I find it a fit case to extend the privilege of pre-arrest bail to the petitioner. Accordingly, it is provided that in the event of arrest of the accused/petitioner named above in connection with Golaghat P.S. Case No.56/2024 under Sections 120(b)/420/421/422/423/386/387 IPC, she shall be enlarged on pre-arrest bail on executing a bond of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

(i) that the petitioner shall appear before the Investigating Officer of the case within a period of 1 (one) week from today;

(ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and

(iii) 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. Page No.# 3/3 The anticipatory bail application stands disposed of in terms above. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010068162024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/873/2024 TRISHNA BORA C/O TIRTHA BORA, R/O ARENGAPARA MILAN NAGAR, P.S.-GOLAGHAT, DIST- GOLAGHAT, ASSAM, PIN-785621 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS P.HAZARIKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA