Himashri Haloi v. The State of Assam

ORDER

23.04.2024

Heard Mr. K. M. Hassan, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Himashri Haloi, who was arrested on 19.03.2024 in connection with Belsor P.S. Case No. 39/2024 registered under Section 306 of IPC. Mr. Das, learned Additional Public Prosecutor for the State of Assam has vehemently objected the prayer of the petitioner to grant bail. This Court has considered that the offence is alleged to have been committed under Section 306 of IPC. It is clear from the material that suicide note has already been recovered and the fact narrated in the FIR also discloses that there was a love affair between the deceased and the accused. Considering the matter in entirety and the period of detention, this Court is of the considered opinion that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on her furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari, with the following conditions. Page No.# 3/3

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Nalabari, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 office. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010080292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1154/2024 HIMASHRI HALOI D/O DHANESWAR HALOI, VILL.- JAGARA SATRA SUPA, P.O. AND P.S.- BELSOR, DIST.- NALBARI, ASSAM, PIN- 781304. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR H BEZBARUA Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY