Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010075672025
2025:GAU-AS:4482
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1106/2025 GOURI CHOUDHURY C/O LATE SUDHIR CH. CHOUDHURY, RESIDNET OF USHANAGAR, PS TEZPUR, DIST SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER 09.04.2025
Heard Mr. M. Hoque, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Tezpur P. S. Case No.134/2025, registered under Sections 120(B)/420/406 of IPC.
It is submitted by Mr. Hoque, learned counsel for the petitioner, that the accused/petitioner entered into a notarized agreement with the informant’s husband, and after the execution of the said agreement, the petitioner applied for the NOC for sale. However, she could not receive it from the concerned authority, and it is still pending in the said office, which has prevented the final registration from being completed. Thereafter, the FIR was lodged against her, and she could not arrange the amount. However, she is ready to pay the entire dues along with Rs. 6 (six) lakhs towards interest. He submits that the accused/petitioner has been behind bar for the last 42 days, and thus, considering the length of her detention, she may be released on bail. Moreover, the I.O. got sufficient opportunity to interrogate her while keeping her in custody. Mr. Goswami, learned Additional Public Prosecutor, has insisted to call for
Page No.# 3/3 the Case Diary to know the actual fact of the case. Considering the submissions made by the learned counsels for both sides, as well as considering the length of detention already undergone by the accused/petitioner, I find that further custodial interrogation of the accused/petitioner seems to be not necessary for the purpose of investigation. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Tezpur, Sonitpur, the accused/ petitioner, namely, Gouri Choudhury, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make herself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 her from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Tezpur, Sonitpur, without prior permission. In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant