Damayanti Goswami v. State of Assam

ORDER

24.04.2024

Heard Mr. B. Pathak, the learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam. By this application under Section 438 Cr.P.C., the petitioner, namely, Damayanti Goswami is seeking pre-arrest bail in connection with Mangaldai Police Station Case Page No.# 2/2 No. 460/2023 under Section 302/34 of IPC. Case diary as called for has been received and perused the same. Considered the materials so far collected by the Investigating Officer and also perused the post mortem report. This Court is of the view that the custodial interrogation of the present petitioner may not be necessary for further investigation inasmuch as suspected prime accused i.e. son of the present petitioner has already been arrested and thoroughly been interrogated by the Investigating Officer. Accordingly, it is hereby provided that, in the event of arrest, the petitioner, namely, Damayanti Goswami shall be allowed to go on bail on furnishing a bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of the arresting authority. The bail is granted on the following conditions:

(1) The petitioner shall appear before the Officer-in-Charge, Mangaldai Police Station within 10 (ten) days from today to get her statement recorded,

(2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(3) 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 her from disclosing such facts to the Court or to any police officer.

This bail application is disposed of. Return back the case diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010071212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/912/2024 DAMAYANTI GOSWAMI W/O LATE MADAN GOSWAMI, R/O BASOB NAGAR, BLOCK CHOWK, P.O. AND P.S.-MANGALDAI, DIST- DARRANG, ASSAM, PIN-784125 VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR B PATHAK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY