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2025 DAILYLAW 25465 (GAU)

FATEMA KHATUN v. THE STATE OF ASSAM

Bail Appln./2739/2025 · 2025-10-28

Pranjal Das

body2025

Judgment text

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Page No.# 1/2 GAHC010189072025 2025:GAU-AS:14472 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2739/2025 FATEMA KHATUN W/O MD. AMRAN HUSSAIN R/O VILL- BORONGATOLI, BORGHAT P.S. KHATOWAL, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR P KATAKI, MS S BARPUJARI,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 29.10.2025 Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Mr. D.P. Page No.# 2/2 Goswami, learned Addl. P.P. appearing for the State respondent. 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Fatema Khatun, has prayed for bail in connection with Khatowal P.S. Case No. 34/2025 under Section 2 of Prevention of Insult to National Honour Act, 1971. 3. The allegation in the ejahar is that the petitioner who is a Head Master of G.D. Goswami High School, Khatowal tried to lower the National Flag in a disrespectful manner. 4. The learned counsel for the petitioner who denies the allegation and submits that she is unwell person suffering from cancer since 2010. The offence for which she has been prosecuted/investigated, punishable with imprisonment up to three years or fine or both. 5. The petitioner was granted interim bail on 22.08.2025. It is submitted by the learned prosecution that in the meantime, the charge-sheet has been submitted in the case, after completion of the investigation. 6. In view of the same, the interim bail is hereby made absolute, subject to the conditions that:- (i) She shall be available for the trial. (ii) She shall not hamper or tamper with the evidence. 7. This bail application stands allowed and disposed of. 8. Send back the case diary. JUDGE Comparing Assistant