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Page No.# 1/3 GAHC010125832025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1312/2025 SWEETY BARUAH R/O- PUB SANTI NAGAR, KAHILIPARA, P.S.-DISPUR, GUWAHATI-781019. DIST.-KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S H SIKDAR, MR. S B BORAH,A ISLAM,MD IMRAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.06.2025
1. Heard Mr. S. H. Sikdar, the learned counsel for the petitioner. Also heard Mr. D. P. Goswami, the learned Additional Public Prosecutor for the State respondent. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Sweety Baruah, who is appending her arrest in connection
Page No.# 2/3 with Hatigaon P. S. Case No. 83/2025 under Sections 309(6) of the BNS, 2023. 3. The gist of accusation in this case is that on 30.04.2025, one Abuchama Ali had lodged an FIR before the Officer-in-Charge of Hatigaon Police Station that on 29.04.2025 while he was travelling from Jalukbari to Sijubari Mazar in his car, he was stopped by 7-8 persons in front of Lakhimi Nagar Petrol Pump. 4. It is also alleged in the FIR that those miscreants forcefully seated themselves inside the car of the informant and snatched the mobile phone of the informant as well as of one Sharifuddin Ahmed and assaulted both the informant and his friend. 5. It is also alleged that the money which was taken by the miscreants amounted to 4 lakhs. 6. The learned counsel for the petitioner has submitted that though the petitioner is not named in the FIR, however, the police is searching for him only because she happens to be the friend of Biswa Jyoti Barman, Ashique Hussain, and Dhanmoni Kalita, who were arrested in connection with this case and stopped. 7. The learned counsel for the petitioner has submitted that the above- named accused persons have already been released on bail by this Court on 04.06.2025 in Bail Application No. 1535/2025. 8. The learned counsel for the petitioner submits that the petitioner is in no way involved in the offence alleged in the FIR, however, she is ready to cooperate in the investigation. 9. I have considered the submissions made by the learned counsel for both sides and have perused the materials available on record. 10.
It appears from the materials on record that this Court, after the perusal
Page No.# 3/3 of the case diary, has already granted bail to the co-accused namely, Biswa Jyoti Barman, Ashique Hussain, and Dhanmoni Kalita. 11. It also appears that in the FIR, the informant has not implicated the present petitioner. 12. Under such circumstances, if the petitioner cooperates in the investigation, her custodial interrogation may not be necessary for fair completion of the investigation of the Hatigaon P. S. Case No. 83/2025. 13. In view of the above, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Investigating Officer of Hatigaon P. S. Case No. 83/2025 within a period of seven days from the date of this order and cooperate in the investigation. If she does so within the stipulated period of time, in the event of her arrest in connection with the above mentioned case, she shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the arresting authority with the following conditions:- i. The petitioner shall co-operate in the investigation, ii. The petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 14. This anticipatory bail application is accordingly, disposed of. JUDGE Comparing Assistant