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2025 DAILYLAW 18593 (GAU)

DEEPSIKHA PHUKAN v. THE STATE OF ASSAM

I.A.(Crl.)/962/2025 · 2025-09-18

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010196502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/962/2025 DEEPSIKHA PHUKAN D/O MR. DIPAK KUMAR PHUKAN,M RESIDENT OF HOUSE NO. 9, A G OFFICE ROAD, D. TAROO PATH, KRISHNAPUR, GUWAHATI 781028, PO BELTOLA, PS BASISTHA, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. M P CHOUDHURY, MR. S BATHARI Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2307/2018 DEEPSIKHA PHUKAN W/O- SRI MANASH PRATIM CHOUDHURY R/O- H.NO. 22 M.C.BORDOLOI ROAD JORPUKHURI PAR GHY-1 P.O. UZAN BAZAR P.S. LATASIL DIST- KAMRUP (M) Page No.# 2/3 ASSAM VERSUS THE STATE OF ASSAM REP. BY P.P. ASSAM ------------ Advocate for : MR. N N B CHOUDHURY Advocate for : MR P P BARUAH(P.P. ASSAM) appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 19.09.2025 1. Heard Mr. M.P. Choudhury, learned counsel for the petitioner. Also heard Mr. P.P. Dutta, learned Addl. Public Prosecutor appearing for the State respondent. 2. This interlocutory application has been filed by the petitioner, namely, Smt. Deepsikha Phukan, who is praying for modification of condition imposed while granting bail to the petitioner vide order dated 11-10-2018 passed in Bail Application No.2307/2018. 3. The learned counsel for the petitioner submits that the petitioner is regularly appearing before the Trial Court and has been cooperating in the trial after getting bail in Special Case No.2/2017 pending before the Court of learned Special Judge, Assam. 4. However, the learned counsel for the petitioner submits that, that as the parents of the present petitioner is ailing and suffering from serious ailment like Page No.# 3/3 liver ailment as well as heart ailment, she has to accompany her parents outside Assam frequently, and sometimes on emergency basis and under such circumstances it becomes difficult to take prior permission from the Court before leaving the jurisdiction of the Trial Court and therefore, he submits that the condition (b) and (e) attached to the bail order dated-11.10.2018 passed in Bail Appln. 2307/2018 by a Coordinate Bench of this Court may be modified. 5. On the other hand, learned Addl. Public Prosecutor submits that the petitioner is regularly appearing before the Trial Court. 6. I have considered these submissions made by the learned counsel for both sides. 7. Considering the reasons shown for seeking a modification of condition (b) and (e) attached to the aforesaid bail order as well as considering the fact that the petitioner has been complying with the conditions of the bail and is cooperating in the trial, this Court is of considered opinion that under which the petitioner is seeking modification of the aforesaid bail order, the said condition seems to be onerous for the petitioner in case of medical emergency of her parents. 8. Accordingly, the aforesaid condition that is condition (b) as well as condition (e) attached to the aforesaid bail order shall be regarded as deleted and the aforesaid bail order is treated to be modified accordingly. 9. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant