Priyanka Das v. The State of Assam

ORDER Date : 04 .01. 2024 Heard Mr. SSS Raham, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 439 Cr.P.C., filed by the petitioner, namely Priyanka Das, seeking bail, who was arrested on 08.10.2023 in connection with Azara P.S. Case No. 209/2023 under Sections Page No.# 2/3 120(B)/420/489(B)/ 489(D)/ 465/467/468/471 IPC. It is submitted by the learned counsel for the petitioner that the petitioner was arrested on 08.10.2023 and since then she has been languishing in jail hajot by completing 89 days. Considering the period of detention, she may be enlarged on bail. The learned Addl. PP has produced the case diary and has submitted that though the case diary is received but the FSL report is not received. However, considering the period of detention, prayer for bail may be considered. I have perused the case diary. Considering the period of detention, prayer for bail is allowed. Accordingly, it is directed that the accused/ petitioner above named, be released on bail in connection with Azara P.S. Case No. 209/2023 under Sections 120(B)/ 420/ 489(B)/ 489(D)/ 465/ 467/ 468/ 471 IPC on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) with 1 (one) suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati. The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, without prior written permission from him/ her;

(b) shall not hamper with the investigation and tamper with the evidence of the case; and

(c) shall not, directly or indirectly, make any inducement, Page No.# 3/3 threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary.

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JUDGE Comparing Assistant

Page No.# 1/3 GAHC010265272023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4310/2023 PRIYANKA DAS D/O ATUL DAS R/O VILL- PADUMBARI, P.O. AND P.S. JALUKBARI, IN THE DISTRICT OF KAMRUP (M), ASSAM, PIN CODE- 781014 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S S S RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI