Raushan Fatima v. The State of Assam

ORDER Date : 05-09-2024 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam appearing for the State respondent. The present application has been so filed by the petitioner namely, Raushan Fatima seeking pre-arrest bail in connection with Hojai P.S. Case No.207/2024 under Sections 64/351(1)/115(2)/3(5) of BNS. Page No.# 2/2 This Court vide order dated 18.07.2024 had granted the petitioner interim pre-arrest bail subject to the conditions so set out therein. It is contended that pursuant to the order dated 18.07.2024 passed by this Court in the present proceeding, the petitioner had appeared before the I/O and recorded her statement. It also stated by the learned counsel for the petitioner that the petitioner has not misused the liberty so granted to her by this Court in the form of interim pre-arrest bail. Case diary has been received. I have perused the same. However, it is not clear as to the nature of injury sustained by the victim on account of the purported assault made by the petitioner herein. In view of the above position and also the fact that the main accused has also been arrested, this Court is of the view that that the interim pre-arrest bail granted to the petitioner on 18.07.2024 is to be made absolute. Accordingly, the interim pre-arrest bail granted to the petitioner vide order dated 18.07.2024 is hereby made absolute subject to the following conditions:- i. That the petitioner shall cooperate in the investigation and shall appear before the Investigating Officer; and ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer. With the above observation, the Anticipatory Bail application stands disposed of. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010139722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1821/2024 RAUSHAN FATIMA W.O. AHMED ALI, R.O. BISHNUPALLY, HOJAI, WARD NO.17, P.S.-HOJAI, DIST. HOJAI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE P.P., ASSAM Advocate for the Petitioner : M IMRAN HUSSAIN, SK ABDULLAH,N. UDDIN,MS. P AHMED Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR