MUNJILA KHATUN ALIAS MONJILA KHATUN AND 2 ORS. v. THE STATE OF ASSAM
Bail Appln./2595/2025 · 2025-08-12
Pranjal Das
body2025
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[ 2025 DAILYLAW 17298 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17298 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010174862025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2595/2025 MUNJILA KHATUN ALIAS MONJILA KHATUN AND 2 ORS.
W/O CHAN ALI R/O VILL- FULKAKATA PT.III P.S. SOUTH SALMARA DIST. DHUBRI, ASSAM 2: NASIA KHATUN @ NOSIYA W/O JOMOR ALI R/O VILL- FULKAKATA PT.III P.S. SOUTH SALMARA DIST. DHUBRI ASSAM 3: JAHANGIR ALOM S/O ABDUL KHALEK R/O VILL- FULKAKATA PT.III P.S. SOUTH SALMARA DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR E HUSSAIN,MR. A T SARKAR,S R DAS Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER Date : 13.08.2025 Heard Mr. A.T. Sarkar, learned counsel assisted by Ms. S.R. Das, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, (i) Munjila Khatun @ Monjila Khatun (ii) Nasia Khaun @ Nosiya (iii) Jahangir Alom, have prayed for bail in connection with South Salmara P.S. case No. 41/2025, registered under Section 61(2)/115(2)/92/3(5) of BNS, 2023. 3. It is submitted by the learned counsel for the petitioners that the petitioners have been in custody since 24.04.2025, pursuant to their surrender before the learned trial court. They are facing prosecution in connection with PRC Case No. 214/2025 arising out of South Salmara poice station case No. 41/2025, in which after completion of investigation, they have been charge sheeted under Section 61(2)/115(2)/92/3(5) of BNS, 2023. It is also submitted that they have been in under trial detention for more than 112 days. Copy of charge sheet has been annexed. 4. I have heard the learned counsel for the parties and I have also perused the available materials. 5. Mr. R.J. Baruah, learned Additional Public Prosecutor objected to the bail. 6. However, considering the fact that the investigation is over and the case is fixed for consideration of charge and commencement of trial, if charge is framed
Page No.# 3/4 – the accused persons herein can be enlarged on bail. It will also facilitate their preparation of defence, which is an aspect of fair trial under Article 21 of Constitution of India. 7. Accordingly, the accused-petitioners, named above, shall be released on bail in connection with South Salmara P.S. case No. 41/2025, registered under Section 61(2)/115(2)/92/3(5) of BNS, 2023, on furnishing bail bond of Rs.25,000/- each with one suitable surety each of the like amount to the satisfaction of learned concerned court. 8. The direction for bail is further subject to the conditions: (a) That the petitioners shall not abscond; (b) That the petitioners shall not in any manner intimidate or harass or cause any harm to the informant or her family members; (c) That the petitioners shall not in any manner try to influence to any witness or otherwise hamper or tamper with the evidence; and (d) That the petitioners remain present in the trial. 9.
Violation or breach of any condition(s) shall entail cancellation of bail. 10. With the above observations, this bail petition stands allowed and
disposed of accordingly.
JUDGE
Page No.# 4/4 Comparing Assistant