Allowed

Mrs. Rehana Begum v. the State of Assam

Gauhati HC4 Jun 2019Bail Appln./1442/2019

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the Gauhati High Court considered the release of an accused detained for 87 days. Despite evidence of incrimination, the court granted bail due to prolonged detention and reliance on suspicion-based facts, imposing specific conditions.

What did the court decide?

Release on bail of Rs. 25,000/- with one surety of like amount subject to non-interference conditions and jurisdiction restriction.

Mrs. Rehana Begum Vs the State of Assam — Bail and Remand | Gauhati HC (2019)

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GAHC010125702019

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln. 1442/2019

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1:MRS. REHANA BEGUM

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D/O LATE FARMUD ALI, R/O VILL-BARKALIAJHAR, P.O. AND P.S.SIPAJHAR, DIST-DARRANG, ASSAM

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MS. D GHOSH

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 04-06-2019

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Heard Mr. M Islam, learned counsel for the accused-petitioner as well as Ms. SH Borah, learned Additional Public Prosecutor, Assam for the State respondent.

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By this second application, under Section 439 of the Cr.P.C., the accused namely, Ms.

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Rehana Begum has prayed for grant of bail, in connection with Sipajhar PS Case No. 169/2019 under Section 120B/302/34 of the IPC.

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Be it mentioned here that the earlier bail application, being Bail Application No.1165 of 2019, filed by the accused petitioner and 3 other co-accused persons was rejected, vide order, dated 17.05.2019.

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Mr. M Islam, learned counsel for the accused-petitioner, submits that the accused has been behind the bar for last 87 days since she was remanded on 11.03.2019 and the other co-accused persons have already been enlarged on bail. Mr. Islam further submits that the Forwarding Report states that the case against the accused petitioner is based on suspicion. Therefore, Mr. Islam contends that considering the length of her detention, the accused petitioner may be directed to be released on bail.

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Ms. SH Borah, learned Addl.P.P. submits that the case diary reveals strong prima facie incriminating circumstantial evidence against the present petitioner, as noted in the previous order, dated 17.05.2019. Ms. Borah, however, submits that considering the length of detention, her bail application may be accepted.

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The case relates to killing of the informant’s son Sahidul Islam by inflicting cut injury on his neck. It is noticed that the accused has been in judicial custody since 11.03.2019 i.e. for 87 days. Although there is evidence against the accused petitioner, considering the length of detention, her bail prayer may be accepted.

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Accordingly, it is provided that the accused, namely, Ms. Rehana Begum shall be released on bail of Rs. 25,000/- with one surety of the like amount to the satisfaction of the learned CJM, Darrang at Mangaldoi, subject, of course, to the following conditions:-

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That the accused shall co-operate in investigation as and when required;

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That the accused 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 him from disclosing such facts either to the Court or to any police officer; and

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The accused shall not leave the jurisdiction of Sipajhar PS without prior permission of the investigating Officer or in his absence, the Officer-in-Charge of the said police station.

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With the above directions, the bail application stands disposed of.

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JUDGE

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Comparing Assistant

Mrs. Rehana Begum v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mrs. Rehana Begum v. the State of Assam

Case brief

What is this about?

What did the court decide?

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