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2025 DAILYLAW 26187 (GAU)

TASLIMA NASRIN v. THE STATE OF ASSAM

Bail Appln./3278/2025 · 2025-10-28

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010225982025 2025:GAU-AS:14450 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3278/2025 TASLIMA NASRIN W/O- ESAK ALI AHMED, R/O- H.NO. 29(A), NIJARA PATH, P.O AND P.S- HATIGAON, SIJUBARI, DISTRICT - KAMRUP (M), ASSAM, PIN NO. 781038 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM. Advocate for the Petitioner : MR S H SIKDAR, MS N J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 29.10.2025 Heard Mr. S.H. Sikdar, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Addl. PP for the State of Assam. 2. This is an application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita BNSS, 2023 praying for grant of bail to the petitioner, namely, Page No.# 2/3 Taslima Nasrin in connection with Hatigaon P.S. Case No. 177/2025 under Sections 140(3) / 308(3) / 3(5) of BNS, 2023. 3. The gist of the case is that on 28.09.2025 the informant namely Saiyod Mustafa Rahman had lodged an FIR before the Officer-In- Charge of Hatigaon Police Station wherein he inter alia alleged that on 27.09.2025 evening at about 7 P.M. the informant went to Sijubari to search for a cook in his need. He met one woman at Sijubari and enquired about a cook with her. She gave him her phone number and asked him to call her after a while for the cook. Accordingly, after sometime the informant called the woman and she asked him to come to Sijubari Majar and the informant accordingly reached Sijubari Majar through his car. He met that woman with another girl at Sijubari Majar. Later on, one of them (Parbin) had seated in his car to go to a hotel but she led him to a bye lane of Pakija Path in a very tricky manner and blocked his car from the backside by another car so that he can't move out easily. Later on, Toslim Islam, Sarfan, Mofidul, Sahil & Nur Islam, these five persons took him forcefully to a room and snatched away Rs. 25,500/- (Twenty five thousand and five hundred), mobile handset, password, key of car etc. They roamed around whole Guwahati (night) with him through his car and released him at about 3 A.M. Hence this case. 4. The learned counsel for the petitioner fairly submits that keeping aside the merits of the case, having regard to the period of detention of about 30 days, the prayer for bail may be considered. 5. On perusal of the CD, there appears to be sufficient incriminating material against the accused. However, having regard to the fact that the petitioner has spent about 30 days behind bars and is the mother of two minor children and Page No.# 3/3 also having regard to the progress of the investigation as revealed by the CD, the prayer for bail is allowed. 6. The petitioner shall be released on bail of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Eleka Magistrate in connection with the aforesaid case on the following conditions: I) She shall not try to hamper the investigation or tamper with the evidence. ii) She shall not try to influence the witness in any manner. 7. The Petition stands allowed. 8. Send back the CD. JUDGE Comparing Assistant