Janmoni Baruah v. The State of Assam

ORDER Date : 20.08.2024 Heard Mr. G. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam.

¶2One application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for granting bail to the petitioner in respect of Dispur P.S. Case No.41/2024.

¶3Mr. Parasar, learned Additional Public Prosecutor submits that the Case Diary has not yet been received. Page No.# 2/2

¶4I have gone through the FIR. After going through the FIR, this Court is of the opinion that for consideration of the bail prayer perusal of the Case Diary is not necessary.

¶5A 23 years girl was having a romantic relationship with the petitioner. The petitioner allegedly promise to marry her and by that time she was 7months pregnant. After that the girl came to know that the petitioner was intended to marry to another girl from Morigaon on

07.12.2023.

¶6It is a settled position of law that a simple promise without anything more does not constitute the offence of cheating.

¶7Therefore, this Court is of the opinion that the petitioner no longer deserves to be detained in custody.

¶8The bail application is allowed.

¶9The petitioner Janmoni Baruah is allowed to go on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M), Guwahati, Assam.

¶10The bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010157992024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2348/2024 JANMONI BARUAH S/O MR. DURGESWAR BARUAH, R/O VILL- NO. 1 CHARAIBAHI BRAHMAN GAON, P.O.-DHALAJAN, DIST- JORHAT, PIN CODE-785616 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR G Z AHMED, MR S A REEYAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA