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2020 DIGILAW 457 (GAU)

Rosna Begum @ Resma Begum v. State Of Assam

2020-05-04

M.R.PATHAK

body2020
JUDGMENT 1. Heard Mr. H. R.A. Choudhury, learned Senior counsel assisted by Mr. I.U. Chowdhury, learned counsel for the petitioners and Mr. T.K. Mishra, learned Additional Public Prosecutor, Assam for the State. 2. By this application under Section 439 CrPC, the petitioners namely, 1) Rosna Beum @ Resma Begum, 2) Raju Uddin @ Raju Mia and 3) Khajur Uddin are seeking bail in connection with Karimganj Police Station Case No. 103/2020 (corresponding to G.R. No.279/2020) registered under Sections 498(A)/201/302/34 of the IPC wherein the petitioner Nos. 1 and 2 were arrested on 03.02.2020 while the petitioner No.3 was arrested on 19.02.2020 and since then they are in custody. Finding that the petitioner No.1 with her minor child on being arrested in the case is lodged in jail, therefore, by order dated 18.03.2020, passed earlier in this proceeding, granted her bail in said Karimganj Police Station Case No. 103/2020. 3. On specific instruction, Mr. T.K. Mishra, learned Additional Public Prosecutor, Assam submitted that charge sheet in said Karimganj Police Station Case No. 103/2020 has not yet been filed. 4. The petitioner No.2 herein has already completed the statutory period of detention in custody in said Karimganj Police Station Case No. 103/2020 since his arrest on 03.02.2020 and petitioner No.3 is in custody for the last 76 days. 5. After hearing the learned counsels for the parties and considering the period of their detention in custody in said Karimganj Police Station Case No. 103/2020, the Court is of the view that further custodial detention of the petitioners, named above are not warranted to investigate the said Karimganj Police Station Case. As such, this bail application of the petitioners is accepted. 6. Accordingly, the petitioners, namely, Raju Uddin @ Raju Mia and Khajur Uddin shall be released on bail in connection with said Karimganj Police Station Case No. 103/2020 on furnishing bail bond of Rs. As such, this bail application of the petitioners is accepted. 6. Accordingly, the petitioners, namely, Raju Uddin @ Raju Mia and Khajur Uddin shall be released on bail in connection with said Karimganj Police Station Case No. 103/2020 on furnishing bail bond of Rs. 30,000/- each with two local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Karimganj on conditions that- (i) the petitioners shall appear before the Investigating Officer of said Karimganj Police Station Case No. 103/2020 as and when they are required for necessary investigation of said Karimganj PS Case; (ii) shall not leave the territorial jurisdiction of the Karimganj police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; failing which, the bail granted to them in the aforesaid Karimganj Police Station Case shall stand automatically vacated. 7. Bail application accordingly stands allowed. 8. A true copy of this order shall be furnished by the concerned Court Master to the petitioners or to their authorized person for their necessary use.