Champa Deka v. The State of Assam

Page No.# 1/3 GAHC010103862024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1509/2024 CHAMPA DEKA W/O SRI DILIP DEKA R/O VILL-KARARA, P.O. AND P.S. BAIHATA CHARIALI DIST. KAMRUP, ASSAM PIN NO. 781381 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

10/06/2024 Heard Mr. B K Das, learned counsel for the petitioner, Smti. Champa Deka.

¶2The petitioner has filed this application under Section 439 Cr.P.C., with prayer for bail, as she is behind bars since 31.03.2024, in connection with Baihata Chariali P.S. Case No. Page No.# 2/3 91/2024 registered under Sections 120(B)/307/326/506 of the IPC.

¶3Also heard Mr. B B Gogoi, learned Additional Public Prosecutor, Assam for the State respondent.

¶4I have considered the submissions at the bar with circumspection.

¶5The FIR unfolds that the petitioner along with the co-accused assaulted Nabajyoti Rajbongshi and dealt a blow with an iron rod on his head causing grave injuries on his person. The informant, who is the wife of the injured person took the injured to the hospital for treatment.

¶6I have also scrutinized the case diary.

¶7The merits of the case are not brought to the fore, as investigation is still under progress.

¶8I have considered the progress of investigation and the length of detention of the petitioner.

¶9The petitioner is a local resident and she has pledged to cooperate with the investigation and to abide by any conditions imposed upon her.

¶10Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs.50,000/-, with one suitable surety of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Rangia under the conditions that:-

(i) the petitioner shall refrain from such activities, with which she is alleged; and

(ii) the petitioner shall not leave the jurisdiction of the Court without prior permission, till completion of investigation. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶11Bail application stands disposed of. Page No.# 3/3

¶12Send back the case diary.

JUDGE Comparing Assistant