Gauhati High Court
Almina Begum vs The State Of Assam on 10 March, 2022
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010015062022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./212/2022
ALMINA BEGUM
D/O ATOWAR RAHMAN
R/O VILL- DATURI
P.S. BIJNI
DIST CHIRANG, BTAD, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE LD. PP, ASSAM
Advocate for the Petitioner : MR. A R SHOME
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 10-03-2022 Heard Mr. A.R. Shome, learned counsel for the accused-petitioner and Mr. D. Das, learned Additional Public Prosecutor for the respondent State of Assam.
2. By this application under Section 439, Code of Criminal Procedure, 1973, Page No.# 2/4 the accused-petitioner viz. Almina Begum has prayed for her release on bail in connection with Sessions Case no. 195/2021, arising out of Howly Police Station Case no. 212/2021, registered for offences under Sections 420/489B/489C, Indian Penal Code [IPC].
3. The First Information Report in connection with Howly Police Station Case no. 212/2021 was registered on 09.04.2021 for offences under Sections 420/489B/489C, IPC. The accused-petitioner was arrested and was produced before the Court of learned Chief Judicial Magistrate, Barpeta on 09.04.2021 and since then the accused-petitioner is in custody. The Investigating Officer of the case after completion of investigation in connection with Howly Police Station Case no. 212/2021, submitted a charge sheet under Section 173, CrPC being Charge Sheet no. 193/2021 dated 30.06.2021 finding a prima facie case against the accused persons under Sections 420/489B/489C, IPC. After submission of the charge sheet, the case has been registered as Sessions Case no. 195/2021 and it is presently pending before the Court of learned Additional Sessions Judge, FTC, Barpeta. Charges were framed against the 3 [three] accused persons including the present accused-petitioner, under Sections 420/489B/489C, IPC on 26.11.2021 and thereafter, the trial had proceeded. In the course of the trial, a number of prosecution witnesses have already been examined. It has been observed by the Court of learned Additional Sessions Judge, FTC, Barpeta in its order dated 23.12.2021 that the stage of trial is almost at the end.
4. The scanned copies of the case record of Sessions Case no. 195/2021, presently pending before the Court of learned Additional Sessions Judge, FTC, Barpeta have been received and the same is perused.
5. The allegations against the accused-petitioner was inter alia to the effect Page No.# 3/4 that at about 06-30 p.m. on 08.04.2021, 246 nos. of suspected counterfeit currency notes were found in possession of the accused-petitioner and the same were accordingly seized in presence of witnesses.
6. After seizure, the entire 246 nos. of suspected counterfeit currency notes were sent for examination to the Directorate of Forensic Science, Assam. The Directorate of Forensic Science, Assam gave its opinion on 17.06.2021. As per the opinion of the Directorate of Forensic Science, Assam, the entire 246 nos. of currency notes of denomination of 200 were fake.
7. During the course of the trial, the prosecution has examined 6 [six] prosecution witnesses and another witness was examined as Court witness.
8. It has been stated at the bar that after closure of the prosecution evidence, the case is posted on 23.03.2022 for hearing the argument of both sides.
9. It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behavior, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being tampered with; and (viii) danger, of course, of justice being thwarted by grant of bail. It is no doubt true that while considering an application for bail the aspect of personal liberty of the accused is also to be considered.
10. The offences with which the accused-petitioner is charged are serious in nature as the allegations against her is of commission of offences under Page No.# 4/4 Sections 420/489B/489C. The accused-petitioner is in custody since 09.04.2021. In crimes of serious nature, the mere fact that the accused is in custody for a longer period may not be a relevant consideration.
11. Having considered the entire aspects of the matter, this Court does not find any justifiable ground to consider the prayer for bail at this final stage of the trial of Sessions Case no. 195/2021 and accordingly this application is dismissed.
JUDGE Comparing Assistant