Jorina Khatun v. The State of Assam

ORDER Date : 06-09-2024

Heard Mr. S. Munir, learned counsel for the petitioner Jorina Khatun, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as she is behind bars since 14.08.2024 in Page No.# 2/3 connection with Bharalumukh Police Station Case No. 144/2024 under Sections 299/325/3(5) Bharatiya Nyaya Sanhita, 2023 read with Section 13(1) of the Assam Cattle Preservation Act, 2021.

¶2Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that she has been indulging in illegal trading of beef under the instructions of an individual known to her. She has been selling beef illegally in the Hindu majority locality at Bhutnath, hurting the religious sentiments of the public at large.

¶4I have considered the submissions at the bar with circumspection. The petitioner is a 40 (Forty) year old woman. She has been behind bars for more than one month. It appears that investigation may have presumably progressed to a considerable extent. It appears that further custodial detention is not required for the progress of investigation. The petitioner has pledged to abide by any stringent bail conditions if imposed upon her.

¶5Considering all aspects, petition is allowed.

¶6The petitioner is 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 Chief Judicial Magistrate, Kamrup (M) under the conditions that :

(i) Petitioner shall cooperate with the remaining part of the investigation, and

(ii) Petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

¶7On breach of any of the bail conditions, bail order shall stand cancelled.

¶8In terms of the above observation, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010182772024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2677/2024 JORINA KHATUN W/O MD. OMAR ALI @ AMAL ALI, RESIDENT OF SANTIPUR HILLSIDE, PS BHARALUMUKH, DIST KAMRUP M ASSAM PERMANENT ADDRESS RESIDENT OF GAIBONDHA, PS LAKHIPUR, DIST GOALPARA ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND