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GAHC010125702019

THE GAUHATI HIGH COURT

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

Case No. : Bail Appln. 1442/2019

1:MRS. REHANA BEGUM

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

VERSUS

1:THE STATE OF ASSAM

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MS. D GHOSH

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR

ORDER
Date : 04-06-2019

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.

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

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.

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.

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.

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:-

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

2. 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

3. 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.

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

JUDGE
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Comparing Assistant