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2025 DAILYLAW 26596 (GAU)

JESMIN BEGUM ALIAS JASMIN BEGUM @ BHONTI KHATUN v. THE STATE OF ASSAM

Bail Appln./3527/2025 · 2025-10-30

Sanjeev Kumar Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010240932025 2025:GAU-AS:14679 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3527/2025 JESMIN BEGUM ALIAS JASMIN BEGUM @ BHONTI KHATUN W/O- ALFAZ HUSSAIN, R/O- KACHARIGAON, TRIBENI POINT, PS TEZPUR, DIST. SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 31.10.2025 Heard Mr. B. Mahajan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, praying for granting of bail in respect of the accused/petitioner namely Jesmin Begum @ Jasmin Begum @ Bhonti Khatun in connection with Tezpur Police Station Case No. 709/2025 under Section 61(2)/ 326(g)/ 351(2)/ 126(2)/ 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The allegation as reflected in the FIR are that on 22.10.2025, at around 2:10 a.m., the complainant’s shop was deliberately burnt down by the accused persons named therein and on the subsequent date, when the informant side again went to take possession of their shop room, the female members of the accused family including the present petitioner i.e., Jesmin Begum @ Jasmin Begum @ Bhonti Khatun wrongfully restrained them and prevented them from entering their burnt down shop. On the subsequent date also i.e., 23.10.2025, when the informant side went to open their garage/shop, the aforesaid ladies again started hue and cry and forcibly restrained them from entering and taking possession of the shop and also criminally intimidated them with dire consequences. 4. It is submitted by the learned counsel for the petitioner that the present petitioner i.e, Jesmin Begum @ Jasmin Begum @ Bhonti Khatun who is a lady is not involved in the allegations contained in the first part of the FIR, i.e. commission of arson where three specific male persons have been mentioned. As far as the allegations against the present petitioner is concerned all of the offences i.e., under Section 126(2), 351(2), 61(2), 3(5) of the BNS are bailable ones. 5. Further, although all the five female persons named in the FIR were called to the Police Station, it is only the petitioner who was arrested as she had argued with the Police. All the other five ladies are allowed to leave despite the Page No.# 3/3 allegations being the same against all the five ladies involved. 6. Considering the above and despite the fact that the learned Addl. Public Prosecutor has objected to the prayer for bail at this stage, I am inclined to allow the petition for bail. 7. Accordingly, the petitioner abovenamed shall be released on bail of Rs. 20,000/- with two suretie of like amount to the satisfaction of the learned CJM, Sonitpur, Tezpur in connection with the aforesaid case. 8. It is further provided that petitioner shall co-operate with the investigation. 9. The bail application is allowed and accordingly disposed of. JUDGE Comparing Assistant