Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1980/2025 GAYATRI MEDHI D/O- SARAT MEDHI, LUMSUM, SONAPUR, TETELIA, P.S- KHETRI, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. S UDDIN, MD B ISLAM,J ABBASI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 27.06.2025
1. Heard learned Counsel Mr. B.Islam for the petitioner Gayatri Medhi who has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as she is behind bars since 17.05.2025 in connection with Hatigaon PS Case No. 92/2025 under Sections 123/305/(a)/3(5) of the BNS,2023. Page No.# 2/4
2. It is submitted on behalf of the petitioner that petitioner is innocent and the co-accused are the prime accused and the petitioner was no way connected with the alleged offence and the co-accused are complicit. The allegation brought up against the petitioner is absolutely false. The incident occurred on 09.01.2025 whereas the FIR was lodged after four months leaving enough scope for fabrication of the FIR. It is submitted that when the informant came to his senses, he ought to have informed police immediately but FIR was lodged after four months. 3. Per contra Mr. K.Baishya, learned Addl.Public Prosecutor appearing for the respondent State has raised serious objection in granting bail to the petitioner by stating that there are incriminating materials in the case diary against the petitioner. The petitioner has worked in cohorts with a team of miscreants who have been involved in trading crypto currencies illegally. 4. I have considered the submissions at the Bar with circumspection. 5. The FIR unfolds that on 09.01.2025, at about 10.30 pm, the present petitioner who had been in contact the informant came to him at Hatigaon seeking financial help. During her visit, she brought him some drinks laced with some unknown drugs and as soon as the informant consumed the drinks, he remained unconscious for two days. After recuperation, he is still suffering from several serious health complications including memory loss, poor concentration, anxiety, heart palpitations and gastrointestinal issues. It is further alleged that when the informant came to his senses, he found two mobile handsets missing from his possession along with two gold rings and cash amounting to Rs.50,000/-.
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6. I have scrutinized the Case Diary. There are indeed incriminating materials in the Case dairy against the petitioner. Investigation has progressed substantially. Petitioner is willing to co-operate with remaining part of the investigation. 7. It appears that bail may be granted to the petitioner. 8. 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, Kamrup (M), Guwahati subject to the following conditions: i) That the petitioner shall appear before the I.O. every fortnight till completion of the investigation, ii) That the petitioner shall refrain from committing any such offence of which she is alleged, iii) That the petitioner shall not leave the jurisdiction of the Court without prior permission. 9. On breach of any of the above conditions, the learned court is at liberty to immediately cancel the bail granted to the petitioner. 10. In terms of the above observations, the bail application stands disposed of. 11. Send back the Case Diary. JUDGE
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