Munmi Kumari @ Choti v. The State of Assam

ORDER Date : 23 .07. 2024 Heard Mr. S. Das, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent. Case diary as called for is received and perused. Heard both sides. Page No.# 2/3 This is an application under Section 483 of BNSS, 2023, filed by the petitioner, namely Munmi Kumari @ Choti, praying for regular bail, who was arrested in connection with Dispur P.S. Case No. 587/2024 under Sections 120B/ 419/ 387 IPC. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and he is in no way involved with the alleged offence. However, he submits that as per the statement of the FIR, there is no ingredient of extortion against the petitioner and Section 387 IPC is not attracted in this case. Moreover, the petitioner is behind the bar for last 40 days and considering the length of detention, the prayer for bail may be considered. He further submits that some co-accused have been enlarged on bail and on the ground of parity, the present petitioner may be granted regular bail. However, the petitioner is ready and willing to cooperate with the investigation and trial, if he is enlarged on regular bail. In this context, the learned Additional Public Prosecutor has submitted that the present accused petitioner allongwith others have committed the offence in the apartment and their ill-activities are known to the local people as well as the police person and the police arrested them on the basis of the G.D. entry. Mr. Borthakur further submits that it is a crime against the society. However, considering the length of detention and parity, bail petition may be considered Hearing the submission of the learned counsel for both the parties and considering the entire aspect of the matter, more particularly, only considering the period of detention and on the ground of parity, prayer for bail is allowed. Accordingly, it is directed that the petitioner named above, be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) with 1 (one) suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (Metro), Guwahati in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of the learned CJM, Kamrup (Metro), Guwahati, without prior written permission from him/ her;

(b) shall not hamper in the investigation of the case and tamper with the evidence of the case; and Page No.# 3/3

(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 him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010137672024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1995/2024 MUNMI KUMARI @ CHOTI W/O DUSHYANT BATHAM, D/O BIPUL KUMAR, PRESENT ADD- SHIVAM APARTMENT, BLOCK-2A, B/L-05, BELTOLA CHANDAN NAGAR, P.S.- HATIGAON, DIST-KAMRUP (M), ASSAM, PERMANENT ADD- MIRZA CHOWK, KUKURMARA, P.S.-POLASHBARI, DIST- KAMRUP (R), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA