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2025 DAILYLAW 10929 (GAU)

SMT HARIPRIYA GOGOI v. THE STATE OF ASSAM

Bail Appln./1178/2025 · 2025-04-09

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010080322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1178/2025 SMT HARIPRIYA GOGOI D/O-SRI SURENDRA NATH GOGOI,R/O-VTC NO.2 UTTAR KATHANI,P.O- DHALPUR,SUB DISTRICT-NARAYANPUR,DIST-LAKHIMPUR,ASSAM-784165 VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. C TALUKDAR, ARUNABH SARMA,A GAUTAM,MR. S K DEKA,MR. S SARMA,MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10.04.2025 1. Heard learned Senior Counsel Mr. S.Sarma assisted by Mr. T.K.Bhuyan for the petitioner Haripriya Gogoi who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as she is behind bars since 07.04.2025 in connection with North Lakhimpur PS Case No. 128/2025 ( G.R. No. 340/2025) under Sections 61 (2)/318 (4)/316 (2) of the BNS. Page No.# 2/3 2. Learned Addl.Public Prosecutor Mr.K.K.Das is present for the respondent State and has raised serious objection. It is submitted that without scrutinizing the Case Dairy, bail cannot be granted to the petitioner, as learned CJM, Lakhimpur, North Lakhimpur had earlier rejected bail petition of the petitioner. 3. It is submitted on behalf of the petitioner that the petitioner is only 19 years old and she is suffering from various ailments. Annexure-10 series are the medical documents submitted by the petitioner to substantiate that she is suffering from various ailments including psychiatric ailment. 4. The allegation against the petitioner is that she went to the informant’s shop and purchased garments and thereby assured the informant that she has already paid Rs.4,700/- which was actually not paid to the informant but the screenshot was shown to the informant that she had paid the amount. Further, the petitioner borrowed Rs.2,500/- from the informant. It is submitted that without issuance of notice, she was forwarded to custody for an offence of which punishment is below 7 years. Moreover, grounds of arrest were also not shown to the petitioner. 5. It appears that further custodial detention of the petitioner may not be required for further investigation. 6. Considering all aspects, prayer for bail is allowed. 7. The petitioner named above shall be released on bail on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the learned CJM, Lakhimpur, North Lakhimpur subject to the following conditions: i) The petitioner shall co-operate with the remaining Page No.# 3/3 part of the investigation, ii) The petitioner shall not leave the jurisdiction of the court without prior permission. 8. On breach of any of the above conditions, learned court is at liberty to immediately cancel bail granted to the petitioner. 9. In terms of the above observations, the bail application stands disposed of JUDGE Comparing Assistant