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2025 DAILYLAW 18883 (GAU)

TARA BARMAN v. THE STATE OF ASSAM

Bail Appln./2947/2025 · 2025-09-10

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010201562025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2947/2025 TARA BARMAN WIFE OF RONGILA BARMAN @ RONGIL BARMAN RESIDENT OF DOLGAON, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. SURAJIT DAS, S T AMAN,MD A RAHMAN,MR A W AMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 11.09.2025 1. Heard Mr. A. Ahmed, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of BNSS, 2023 filed by the petitioner, namely, Tara Barman, who has been detained behind the bars since Page No.# 2/3 13.07.2025 (for the last 59 days) in connection with Gossaigaon P. S. Case No. 99/2025 under Sections 20(b) of the NDPS Case. 3. The gist of accusation in this case against the petitioner is regarding the possession of 2.16 kg of heroin of Ganja. 4. The learned counsel for the petitioner submits that the maximum statutory period for which the petitioner may be detained behind the bars during investigation under Section 487 of the BNSS in this case is 60 days and she has already completed 59 days and, therefore, he submits that the petitioner may be allowed to go away. 5. The learned Additional Public Prosecutor, On the other hand, has produced the case diary of Gossaigaon P. S. Case No. 99/2025 and has submitted that there are incriminating materials against the petitioner in the case diary. 6. However, he submits that the investigation has fairly progressed and same is pending only for receipt of the forensic laboratory. 7. Considering the progress made in the investigation and the period of detention undergone by the petitioner, this Court is of the considered opinion that the further custodial detention of the petitioner may not be necessary if she cooperates with the investigation. 8. In view of the above, the above-named petitioner is 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 learned Special Judge, Kokrajhar 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 Page No.# 3/3 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. 9. With the above observations, this bail application is disposed of. JUDGE Comparing Assistant