High Court dismissed a regular bail application filed by husband and in-laws accused of murder and cruelty, denying bail to ensure smooth trial pending evidence stage.
Bail prayer rejected; petitioners to renew bail after certain trial progress.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010019892022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./261/2022
ANU BHARALI AND ANR SON OF HUNESWAR BHARALI R/O BORDUBI CHANANG, P.O. TELAHI, P.S. PANIGAON, DIST. LAKHIMPUR, PIN-787052
2: JADU BHARALI W/O HUNESWAR BHARALI R/O BORDUBI CHANANG P.O. TELAHI P.S. PANIGAON ASSAM DIST. LAKHIMPUR PIN-78705 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MRS. B GOGOI
Advocate for the Respondent : PP, ASSAM
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:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
11.05.2022
The accused petitioners – (1) Smt. Anu Bharali and (2) Jadu Bharali who are facing trial before the court of learned Addl. Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No.5(N.L.)/2022 (Panigaon P.S. Case No.69/2021 under Sections 498(A)/302/201/34 IPC, have sought for regular bail by way of this application under Section 439 CrPC on the ground of their length of detention since 03.09.2021 and 14.09.2021, as the learned trial court has rejected their bail prayer.
Heard the learned counsel for both sides. Also, perused the scanned copy of the case diary so received as well as the relevant documents.
The FIR has been filed by the brother of the victim woman contending that the present two petitioners along with other in-laws subjected sister of the informant deceased Sepeti Das to both physical and mental torture and subsequently she was found dead nearby the pond of the house of the accused petitioners. The matter was not informed to the informant’s family and only the neighbouring people noticed that the dead body floating in the pond, they informed the matter to the informant’s family.
In the circumstances, the informant raised allegation that because of committing torture upon the victim (deceased), she was killed by her husband and in-laws and thrown to the backyard pond. Thereafter, the present two petitioners were arrested on the basis of circumstantial evidence and extra-
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judicial confession made by the witnesses in the case diary.
It has been submitted by the learned counsel for the petitioners that charges has already been framed against the petitioners and now the case is fixed for evidence.
The post-mortem report also records that death was caused due to asphyxia and there is injury mark on the person of the deceased.
Learned Addl. Public Prosecutor has also raised objection against such bail prayer.
Considering all entirety of the matter, petitioners’ prayer for bail stands rejected for the purpose of smooth trial. The petitioners, however, is at liberty to renew their bail prayer before the trial court after certain progress of the trial.
The bail application stands disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioners are entitled to regular bail under Section 439 CrPC given the gravamen of murder and the stage of trial.
Whether the length of detention justifies the grant of bail in a non-bailable offence involving alleged domestic violence.
Whether the circumstantial evidence and judicial confession make the caseAgainst bail applicable.
1 provisions across 1 enactments
ANU BHARALI AND ANR
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
