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2025 DAILYLAW 20258 (GAU)

PORINITA BORAH ALIAS PARINITA BORA v. THE STATE OF ASSAM

AB/2441/2025 · 2025-10-14

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010227612025 2025:GAU-AS:13751 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2441/2025 PORINITA BORAH ALIAS PARINITA BORA W/O LATE BIREN BORA, R/O NAPAMUA KHARIACHUK GAO, P.O. MURMURIA, P.S. JORHAT, DIST. JORHAT, ASSAM, PIN-785704. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. K R BORA, MR. D K BORAH,R GOGOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 15.10.2025 Heard Mr. K. R. Bora, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarmah, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, filed by the accused-applicant for grant of pre-arrest bail in connection with Jorhat P.S. Case No. 519/2025, registered under Sections 319(2)/336(3)/337/3(5) of the BNS, 2023. 3. The brief facts as have been narrated in the FIR dated 04.10.2025 by one Manosh Protim Duarah, Senior Administrative Assistant, G. R. Branch, Office of the Chief Judicial Magistrate, Jorhat, are that one Shri Jyoti Prasad Sharma, resident of Doloi Gaon, P.S. Dergaon, appeared before the Court of the Addl. Chief Judicial Magistrate, Jorhat for furnishing bail bond on behalf of the accused Shri Bitupon Baishya, who was in judicial custody in connection with Pulibor P.S. Case No. 122/2025. It was alleged that during verification of the documents, there was some suspicion about forgery of certain documents relating to the seal of the land revenue receipt. When questioned, the aforesaid Shri Jyoti Prasad Sharma admitted that the said forged land revenue receipt had been procured by him from one Shri Pushpa Uzir, resident of village Kakodonga Bezgaon, District-Golaghat. On receipt of the FIR, Jorhat P.S. Case No. 519/2025, under Sections 319(2)/336(3)/337/3(5) of the BNS, 2023, was registered. 4. The learned counsel for the accused-applicant submits that the accused-applicant is no way connected to the alleged offences mentioned in the FIR and in fact, she neither knows the accused-applicant nor she in any way connected with any land related matters. The learned counsel submits that the accused-applicant has serious apprehension for being arrested in view of a notice, issued under Section 35(3) of the Page No.# 3/4 BNS, 2023, as received by the accused-applicant directing her for appearance before the Investigating Officer, Jorhat Police Station on 07.10.2025. Therefore, he submits and prays that the accused-applicant may be released on pre-arrest bail with whatever conditions this Court may deem fit. 5. Whereas, the learned Addl. P.P. submits that in the instant matter, the Case Diary may be required to be perused by this Court before granting of pre-arrest bail to the accused-applicant. 6. This Court has heard the submissions made by the counsels appearing for the respective parties. 7. After considering the detail facts of the matter, including the submissions made by the learned counsel for the respective parties, this Court is of the opinion that this is a fit case wherein, the accused-applicant should allowed to go on pre-arrest bail. Accordingly, this Court directs that in the event of arrest of the accused-applicant, the accused-applicant shall be allowed to go on pre-arrest bail, on his appearance before the Investigating Authority, furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety of the like amount to the satisfaction of the Investigating Officer, subject to the following conditions: - 1. The accused-applicant shall appear before the Investigating Authority within a period of 10(ten) days of passing of the order and in the event on non-appearance by the accused-applicant within such period, the pre-arrest bail shall be deemed cancelled. 2. The accused-applicant shall co-operate with the investigation and shall make herself available for interrogation by the Investigating Officer as and when required. 3. The accused-applicant shall not hamper or tamper with the prosecution evidence in any manner, whatsoever. 8. In view of the above, the present anticipatory bail application is disposed of as Page No.# 4/4 allowed. JUDGE Comparing Assistant