Bachiran Nessa v. The State of Assam

ORDER

21.11.2024 Heard learned counsel, Mr A Mannaf, for the petitioner, Bachiran Nessa, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as she is apprehending arrest in connection with Mukalmua PS Case No. 207/2024, under Sections 103(2)/238 of the BNS, 2023. Page No.# 2/3

¶2Heard Mr D Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3It is submitted on behalf of the petitioner that the petitioner is a Government Servant and on perusal of the documents annexed along with the petition, it would reveal that the deceased, the great granddaughter of the petitioner died when her mother refused to take her along with her to Guwahati, on 16.07.2024.

¶5It is further submitted that the petitioner was in the Mahatma Gandhi Model Hospital and to support this submission, the identity card is annexed as well as the attendance sheet of hospital, which shows that the petitioner, who is a Grade-IV employee was present in the hospital on 16.07.2024.

¶6It is further submitted that the allegation is basically against the mother of the deceased, whereas the petitioner is the great grandmother of the deceased, who committed suicide.

¶7It is further submitted that there was no abetment by the petitioner to the victim to commit suicide and no mensrea inducement can be deciphered from the FIR lodged by the informant.

¶8I have considered the submissions at the Bar with circumspection

¶9I have considered the fact that the petitioner has appeared before the IO and has cooperated with the investigation. The petitioner has not violated any bail conditions. Page No.# 3/3

¶10In view of my foregoing discussions and considering all aspects, the interim order dated 09.08.2024, is hereby made absolute.

¶11Anticipatory Bail Application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010149382024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1935/2024 BACHIRAN NESSA W/O KASHEM ALI VILL- NO. 2 KANDHBARI P.O. MERUATTARY , P.S. MUKALMUA DIST. NALBARI, ASSAM PIN CODE- 781126 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A MANNAF, MD A S ALI Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND