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2025 DAILYLAW 15937 (GAU)

KARISHMA BHUYAN v. THE STATE OF ASSAM

AB/1655/2025 · 2025-07-21

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010153362025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1655/2025 KARISHMA BHUYAN W/O CHENIRAM BHUYAN RESIDENT OF TOKOWB ARI GAON, NEAR NAMGHAR TOKOWBARI P.S. DHEMAJI P.O. BHEBELI GAON, PIN-786110 DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MS. T SOM, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 22.07.2025 1. Heard Ms. T. Som, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Karishma Bhuyan, who is apprehending her arrest in connection with CID P.S Case No. 04/2025 under Section 61(2)/318(4)/336(3)/340(2) of BNS. 3. The gist of the accusation in this case is that on 10.02.2025, one FIR has been lodged by one Bhaskar Jyoti Sarmah, inter alia alleging that certain miscreants have circulated fake letters with a forged signature of the first informant to various divisions under Water Resource Department. 4. The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR, however, she has received notice u/s 35(3) of BNSS in connection with the aforesaid case, wherein she was directed to appear before the I.O on 02.07.2025. 5. The learned counsel for the petitioner has further submitted that due to personal difficulties, she defaulted in appearing before the I.O on the date mentioned in the said notice, hence, now she has apprehension that if she appears now before Page No.# 3/4 the I.O, she may be arrested in connection with this case. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of CID P.S Case No. 04/2025 and has submitted that the accusation against the petitioner is that she offered money for getting appointment in the Water Resource Department and in this case, several persons are involved in circulating fake appointment letters and collecting money from the prospective candidates. 7. The learned Additional Public Prosecutor opposes the grant of anticipatory bail to the petitioner at this stage. 8. I have considered the submissions made by the learned counsel for both sides and have perused the case diary of CID P.S Case No. 04/2025. 9. The main allegation of this case is of forging the signature of the first informant that is the Chief Engineer of Water Resource Department and circulating fake letters regarding the said accusation. There is no incriminating materials against the petitioner in this case. The suspicion against her is of offering money to get imposed in the aforesaid department through backdoor. 10. It also appears that the I.O also issued notice u/s 35(3) of BNSS which indicates primarily that the custodial interrogation of the petitioner may not be necessary. However, as she has defaulted in appearing before the I.O on the said date, her apprehension of getting arrested appears to be genuine. 11. This Court is of the considered opinion that if she co-operate Page No.# 4/4 in the investigation, her custodial interrogation may not be necessary for fair completion of the investigation. 12. In view of above, this anticipatory bail application is disposed of with a direction to the above named petitioner to appear before the I.O of CID P.S Case No. 04/2025 within a period of 10 days from the date of this order and co-operating the investigation. If, she does so within stipulated period of time, in the event of arrest in connection with the aforesaid 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 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; 13. Send back the case diary. 14. This anticipatory bail application is disposed of accordingly. JUDGE Comparing Assistant