Iaishah Dhar @ Smti. Kham and Anr v. The State of Assam

ORDER

03.06.2024

Heard Ms. A. Medhi, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioners, namely, (1) Iaishah Dhar @ Smti. Kham and (2) Empyrkhat Dhar @ Mempyrkat Dhar, who were arrested on 09.04.2024 in connection with Sonapur P.S. Case No. 66/2024 registered under Sections 379/411 of IPC. The case diary is received. Perused the same. Perusal of the case diary, it is revealed that both the petitioners have thoroughly been interrogated by the investigating officer and they have been in custody since

09.04.2024. The material so far collected against the present accused/petitioners, the stage of investigation, coupled with the period of detention, leads to a opinion of this Court that the further custody of the petitioners may not be necessary in this case. Accordingly, it is directed that the petitioners, named above, be released on bail in connection with the case aforementioned, on their furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission from him/her; Page No.# 3/3

(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 them from disclosing such facts to the Court or to any police office. In terms of the above, this bail application stands disposed of. Return back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010099922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1448/2024 IAISHAH DHAR @ SMTI. KHAM AND ANR. W/O MIKY DHAR R/O JOWAI BLOCK- 3 P.S. JOWAI DIST. WEST JAINTIA MEGHALAYA. 2: EMPYRKHAT DHAR @ MEMPYRKAT DHAR S/O MIHDARWON DHAR R/O JAMPHAI P.S. TALIYANG DIST. WEST JAINTIA MEGHALAYA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. A. MEDHI Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY