The Gauhati High Court granted anticipatory bail to the petitioner under Section 438 Cr.P.C. subject to ensuring her appearance before the Investigating Officer within 10 days and refraining from influencing witnesses.
Direction to release petitioner on bail of Rs. 20,000 upon arrest subject to standard anticipatory bail conditions.
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GAHC010027122019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 340/2019
1:MONGLI CHOUDHURY W/O- RAJU BORUAH, R/O- HENGARABRI HOUSING COLONY, H.NO. 10, DISPUR, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. B P BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 16-05-2019
Heard Mr. PJ Dutta, learned counsel for the accused petitioner and Mr. H Sharma, learned Addl.P.P., Assam, appearing for the State respondent.
By this application filed under Section 438 Cr.P.C., the accused petitioner, namely, Mongli Choudhury has prayed for granting her pre-arrest bail, apprehending her arrest in connection with Dispur PS Case No. 286 of 2019 under Section 366/371/494 of the IPC.
Case diary, as called for, is placed before the Court.
Mr. PJ Dutta, learned counsel for the accused petitioner submits that the present accused who is a lady and married to one Raju Baruah was no way involved in the alleged
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abduction of Shivani Choudhury although she is named in the FIR without arraying her as an accused and as such, custodial interrogation of the petitioner may not be required in the interest of investigation.
Mr. B Sharma, learned Addl.P.P. Assam, submits that the case diary reveals Nimai Choudhury as the prime accused and as there is prima facie evidence on the case diary that he had actually driven his first wife Shivani and since then Shivani is missing. It further appears that the prima accused Nimai Choudhury had a proposal to marry the present petitioner but no marriage has taken place till date. There is no other evidence to show that the present petitioner was involved in the missing of Shivani from the house of her husband Nimai Choudhury. Nimai Choudhury has already.
In view of above reasons, it is directed that in the event of arrest of the petitioner, namely, Mongli Choudhury, she shall be released on pre-arrest bail on furnishing bail bond of Rs.20,000/- with one surety of like amount to the satisfaction of the learned arresting authority, subject, of course, to the following conditions:
With the above directions, the anticipatory bail application stands disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether to grant pre-arrest bail to the petitioner under Section 438 Cr.P.C.
Whether petitioner is satisfactorily grounded in exhibiting no major likelihood of being involved in the alleged crime
Whether she shall be granted anticipatory bail subject to the prescribed conditions
1 provisions across 1 enactments
Mongi Choudhury W/O- Raju Boruah
State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
