Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 19494 (GAU)

KUNJA MONI DAS v. THE STATE OF ASSAM

Bail Appln./3106/2025 · 2025-09-18

Mitali Thakuria

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010211472025 2025:GAU-AS:12972 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3106/2025 KUNJA MONI DAS W/O SRI RATUL DAS R/O HOUSE NO. 41, UPPER LUITPUR, P.S. LATASIL DIST. KAMRUP (M), ASSAM PERMANENT RESIDENT OF NAKHAT, P.S. TAMULPUR DIST. TAMULPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. A C AZAD Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 19-09-2025 Heard Mr. B. Chowdhury, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, namely, Kunja Moni Das, who has been arrested in Page No.# 2/3 connection with Latasil P.S. Case No. 66/2025 corresponding to G.R. No. 3334/2025 under Sections 103(1)/332(a)/329(4) of the BNS, 2023. 3. It is submitted by Mr. Chowdhury, learned counsel that this is petitioner’s second bail application after rejection of her earlier bail application on 20.08.2025. He further submitted that the petitioner is not involved in the alleged offence and against her at best Section 201 IPC corresponding to Section 238(a) of the BNS would attract. 4. Further, Mr. Chowdhury submitted that the petitioner is in custody since last 78 days and hence, the I.O. got sufficient opportunity to interrogate her keeping her in custody. 5. Mr. Baishya, learned Addl. PP raised objection and submitted that while rejecting the earlier bail application, the incriminating materials available in the case diary was considered and considering the gravity of the offence, that was rejected. 6. He further submitted that on an enquiry made by him, it is learnt that the I.O. has not filed the charge sheet in the case as the FSL report is still not collected by the I.O. 7. So considering all these aspects of the case and without going into the detail merit of the case and only considering the length of detention already undergone by the petitioner, I find that the I.O, got sufficient opportunity to interrogate the petitioner, keeping her in custody and hence, her further custodial interrogation may not be necessary for further investigation of the case and as such I find it a fit case to grant the petitioner the privilege of bail. 8. Accordingly, the accused/petitioner, namely, Kunja Moni Das, be released on bail on furnishing a bond of Rs. 20,000/- (Rupees Twenty thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions:- (i) that the petitioner shall fully co-operate with the Page No.# 3/3 investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 9. With the above observation and direction, this bail application stands disposed of. JUDGE Comparing Assistant