Gauhati High Court
Murshida Khatun vs The State Of Assam on 11 September, 2023
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010174272023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2791/2023
MURSHIDA KHATUN
W/O ATABUR RAHMAN,
VILL.- SALANABORI, P.S.- DHING, PIN- 782122, DIST.- NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY THE PUBLIC PROSECUTOR.
Advocate for the Petitioner : MR. R C DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 11.09.2023 Heard Mr. R.C.Das, learned counsel for the accused petitioner as well as Mr. B Sarma, learned Addl. P.P., Assam for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Murshida Khatun has prayed for grant of bail in connection with Sessions ( T1) Case No. 38/2022 arising out of Batadrava P.S. Case No.54/2023 under sections 120(B)/ 121/ 143/ 144/ 145/147/149/152/153/155/326/307/333/342/353/427/436/440/447/450/34/511 IPC read with section 3/4 PDPP Act.
Scanned copy of case records is placed before the Court. The FIR reveals that on 21.05.2022, about 200 people armed with deadly weapons, latis Page No.# 2/3 formed an unlawful assembly and trespassed into the Batadrava Police Station and thereby caused immense damage to public properties at the police station.
It is noticed that the accused petitioner has been in judicial custody since 23.06.2023, that is, for 80 days.
From the documents annexed with the bail application, it is seen that co-accused persons have already been released on bail by this Court vide order, dated 27.02.2023, passed in Bail Appln. No.3370/2022 and Bail Application 356/2023 respectively.
On perusal of the case records, it is seen that trial has been going on before the learned trial court in connection with the above case. It is further seen that the accused petitioner who is a lady is a permanent resident under Dhing P.S. , District- Nagaon.
However, considering the length of detention and maintaining parity in orders, this Court is of the opinion that her further continuation of detention in the interest of the ongoing trial may not be required.
Accordingly, it is provided that the accused petitioner, named above, shall be released on furnishing bail of Rs.50,000/- with one surety of like amount to the satisfaction of learned Jurisdictional Court subject to the following conditions-
i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of; and
ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any of the remaining prosecution witnesses; and
iii) That the accused petitioner shall refrain from committing any similar offences in future, of which she is accused of commission. Breach of any of the above conditions shall render cancellation of the bail in accordance with law.
The bail application stands disposed of.
JUDGE Page No.# 3/3 Comparing Assistant