Smt. Dipali Mahanta v. The State of Assam

ORDER

09.09.2024

¶1Heard Mr. L. Gogoi, learned counsel for the petitioner Dipali Mahanta.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as she is behind bars since

02.08.2024 in connection with Halem P.S. Case No. 54/2024 under Sections Page No.# 2/3 120(B)/406/420/468 of the IPC.

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

¶4Learned Additional Public Prosecutor has raised objection against the bail petition stating that the matter is of a serious nature.

¶5The petitioner has duped 300 odd individuals and have misappropriated money in the garb of a bank loan.

¶6I have considered the submissions at the Bar.

¶7It is submitted on behalf of the petitioner that she is an elderly woman aged 52 years, and she has already undergone 38 days of incarceration.

¶8I have considered the submission that the petitioner is willing to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions, if imposed upon her.

¶9Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned SDJM,(M), Gohpur under the conditions that:

(i) The petitioner shall refrain from such activities with which she is alleged,

(ii) The petitioner shall appear before the Investigating Officer every fortnight till completion of investigation, and

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

¶10On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶11In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010182402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2686/2024 SMT. DIPALI MAHANTA D/O LATE INDESWAR MAHANTA, R/O VILL- BORAPANIPATHAR, P.O.- GHAHIGAON AND P.S.-HALEM, DIST-BISWANATH, ASSAM, PIN-784170 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND