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2025 DAILYLAW 12581 (GAU)

JESMINE PARBIN ALIAS JESMINA PARBIN v. THE STATE OF ASSAM

Bail Appln./1626/2025 · 2025-05-26

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010104952025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1626/2025 JESMINE PARBIN ALIAS JESMINA PARBIN W/O AFZAL HUSSAIN VILL- DONAKUCHI P.S AND DIST. BARPETA, ASSAM DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MD S HOQUE, S ISLAM,MR. M DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27.05.2025 1. Heard Mr. M. Deka, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Jesmine Parbin @ Jesmina Parbin, who has been detained behind the bars since 25.02.2025 (for last 92 days) in connection with Page No.# 2/2 Barpeta P.S. Case No. 71/2025 under Sections 140(2)/304(2)/115(2)/3(5) of BNS. 3. The learned Additional Public Prosecutor has submitted that the investigation of this case has not yet been completed, however, he fairly submits that the petitioner has already completed the statutory period of detention. He also submits that there are sufficient incriminating materials against the petitioner in the case diary. 4. I have considered the submissions made by the learned counsel. 5. As in the instant case, the statutory period of detention as provided in Section 187(3)(i) of BNSS has already been lapsed, the petitioner is entitled to go on bail on that ground. Hence, the petitioner is allowed to go on bail of Rs.30,000/-(Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Barpeta with following conditions:- (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall co-operate in the investigation; 6. This bail application is accordingly disposed of. 7. Send back the case diary. JUDGE Comparing Assistant