Monul Narah v. The State of Assam

ORDER

28.06.2024

¶1Heard learned counsel Mr. S. Ali for the petitioner Monul Narah.

¶2This application has been filed by the petitioner under Section 439 of the Cr.PC with prayer for bail as he is behind bars since 31.05.2024 in connection Page No.# 2/3 with Sonapur P.S. Case No. 110/2024 under Section 366 of the IPC.

¶3Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4Learned Additional Public Prosecutor has raised serious objection against prayer for bail without perusal of the Case Diary.

¶5The allegation against the petitioner is that he has kidnapped the victim and kept her confined with him for 4 days.

¶6I have considered the submissions at the Bar with circumspection.

¶7It is submitted at the Bar that the victim has already been recovered.

¶8It is apparent from the FIR that the victim had liberty to call her family members while she was with the petitioner which clearly reveals that the victim went away and eloped with the petitioner on her own volition. It is also submitted that the petitioner had a love relationship with the victim.

¶9It is further submitted that the petitioner has been incarcerated in a false case. The petitioner refused to marry the victim as he is already a married person and so a false case has been slammed against the petitioner.

¶10Considering all aspects and in view of my foregoing discussions, it appears that bail may be granted to the petitioner. Petition is allowed. The petitioner is enlarged on bail of Rs 50,000/- each, with suitable surety of like amount to the satisfaction of the Elaka Magistrate under the conditions that

(i) the petitioner shall co-operate with the investigation and not try to influence the witnesses, and

(ii) the petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

On breach of any of the bail conditions, bail order shall stand cancelled.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010131292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1896/2024 MONUL NARAH S/O CHANDRESWAR NARAH, RESIDENT OF VILLAGE RUWADNAGAR, KHANAPARA, PS DISPUR DIST KAMRUP M PERMANENT ADDRESS VILLAGE DHEMAJI CHARIALI, KAITANG KOTHAGURI, PS AND DIST DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MS. R. R. SAIKIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND