Page No.# 1/3 GAHC010211492025 2025:GAU-AS:17646 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1155/2025 CHAMUNA ALIAS CHAMANA BEGUM W/O SAHEB ALI PRESENTLY RESIDING AT VILL- LOURAJAN P.O. GOROIMARI, P.S. SAMARIA, DIST. KAMRUP, ASSAM, AND PERMANENT RESIDENT OF KACHUTOLI, P.S. SONAPUR, KAMRUP (M), ASSAM, PHONE NO. 9864383578. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A BARUAH, MR. J P MORE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 17.12.2025 Heard Mr A Baruah, learned counsel appearing for the petitioner. Also heard Mr K K Parashar, learned Additional Public Prosecutor appearing on behalf of the State respondents. 2. This criminal petition has been filed under Section 528 of the BNSS, 2023, praying for a direction to direct the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro) to enlarge the petitioner, namely, Chamuna @ Chamana Begum on Page No.# 2/3 bail, in the event of her appearance in connection with PRC Case No. 2382/2023, under Sections 120(B)/302 IPC, corresponding to Sonapur PS Case No. 95/2022, pending before the learned Additional Chief Judicial Magistrate, Kamrup (Metro), Assam. 3. The learned counsel for the petitioner has submitted that her husband and her son are the charge sheeted accused in connection with PRC Case No. 2382/2023. 4. The learned counsel for the petitioner has further submitted that the husband and the son of the petitioner have already entered appearance before the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro), in connection with the aforesaid case, and they were allowed to remain on previous bail, till committal of the case. 5. The learned counsel for the petitioner has submitted that the petitioner was not arrested during the investigation process and therefore, she was not required to apply or be granted the privilege of regular bail at this stage, however, in the present circumstances, if she now enters appearance before the Court of the learned Additional Chief Judcial Magistrate, on receipt of the summons due to the bar appearing at Section 232 of the BNSS, 2023, she may be taken into custody, pending the committal of the case to the learned Trial Court of competent jurisdiction. 6. The learned counsel for the petitioner has submitted that the petitioner is willing to participate in the trial proceedings, and therefore, given the protection she would not be required to be taken into custody, even as her husband and son have been allowed to remain on previous bail, till committal of the case before the learned Trial Court. 7. The learned Additional Public Prosecutor has submitted that this case does not require consideration of this Court in view of the provisions of law. 8. We have gone through the charge sheet submitted and we have also considered the submissions made by the learned counsel for the contesting parties. 9. We find that the Charge Sheet does not per se implicate the petitioner of any overt act. Page No.# 3/3 10. Keeping in view that the co-accused, i.e., the husband and the son of the petitioner have been allowed to remain on previous bail, this Court directs that in the event of the petitioner appearing before the learned Additional Chief Judicial Magistrate, Kamrup (Metro), within a period of 15 (fifteen) days from today, she shall move an application before the learned Additional Chief Judicial Magistrate, bringing on record, the orders passed by this Court in the present matter and furnish a bail bond of Rs. 15,000/- with one surety of the like amount, subject to the satisfaction of the learned Additional Chief Judicial Magistrate, Kamrup (Metro). On production of such bail bond and sureties, the learned Additional Chief Judicial Magistrate shall not remand the petitioner to judicial custody, who shall allow the petitioner to remain on bail, till committal of the case to the learned Trial Court. Upon the trial being commenced in the learned Trial Court, the petitioner shall be at liberty to apply for regular bail during the period of trial. 11. The criminal revision petition, accordingly, stands disposed of. JUDGE Comparing Assistant