Page No.# 1/4 GAHC010000132025 2025:GAU-AS:405 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1/2025 AFSANA BEGUM @ BHANTI W/O LATE KASIM ALI, R/O GANDHIBASTI RAIL GATE, PS. CHANDMARI, DISTRICT KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR A RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 10-01-2025 Heard Mr. S. Munir, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Afsana Begum @ Bhanti, wife of late Kasim Ali, resident of Gandhibasti Rail Gate, Police Station-Chandmari, District-Kamrup (Metro), Guwahati has filed this application under Section 483 BNSS, 2023, seeking bail in Chandmari Police Station Case No. 296/2024 registered under Section 305 BNS, 2023, with added Section 317(2) of the BNS corresponding to G.R. No.3266/2024, wherein, she was arrested on 10.12.2024, and is in custody since then. 3. As per the FIR dated 09.12.2024 lodged by the complainant, an incident of burglary took place on the night of 06.12.2024 in his house around 03:00 am, where the thief entered into his house through a window, when the entire family was asleep. Before entering into the house, the thief locked the main door from outside preventing the family from leaving the house. The next morning, the family discovered that several valuable items, including two mobile phones, cash, gold ornaments etc., the value of which is about 1,25,000/- had been stolen. The said incident was captured in the CCTV camera installed at the residence of the complainant and one of video footage showed the face of the thief that helped in identification. The said FIR of the complainant was accordingly, registered as Chandmari P.S. Case No. 296/2024 under Section 305 BNS, 2023, with added Section 317(2) of the BNS corresponding to G.R. No.3266/2024. The said thief and the petitioner were subsequently arrested on 10.12.2024 in said Chandmari P.S. Case. 4. Mr. Munir, learned counsel for the petitioner submitted that considering her detention in custody, she may be considered for her bail. It is also submitted that the petitioner shall abide by any terms and conditions that may be imposed upon her by the Court, while considering her case for bail. Page No.# 3/4 5. Mr. B. Sarma, learned Additional Public Prosecutor, Assam has placed the case diary before the Court today. 6. During investigation of the case, police apprehended the thief and the petitioner. 7. Mr. Sarma, learned APP, Assam from the case diary submitted that the thief involved in the case sold some of the jewelries to the petitioner, who has a habit of purchasing stolen articles. 8. Mr. Sarma, learned APP, Assam from the case diary submitted that while the house of the petitioner was searched, huge amount of money, gold ornaments and mobile phones were recovered. 9. Considering the materials in the case diary and the period of detention of the petitioner since 10.12.2024, the Court is of the view that her further custodial detention is not warranted for investigation of said Chandmari P.S. Case No. 296/2024. As such, this bail application of the petitioner is accepted. 10. Accordingly, the petitioner, namely, Afsana Begum @ Bhanti, wife of late Kasim Ali, be released on bail in said Chandmari P.S. Case No.296/2024 on furnishing a bail bond of Rs. 1,00,000/- with two local sureties each of the like amount, one of which shall be a government employee, either State Government or Central Government, to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Chandmari P.S. Case No. 296/2024 on every Monday during the office hours for the next 3 (three) English Calendar Months, commencing from 20.01.2025 or till the date of filing of the Charge-Sheet in said Chandmari P.S. Case No. 296/2024, whichever is earlier; (ii) shall not leave the territorial jurisdiction of the Chandmari Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation or tamper with the evidence of the case and (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and further (v) shall not indulge herself in any such criminal activities in future, failing which, the bail granted to her in said Chandmari P.S. Case No. 296/2024 shall stand Page No.# 4/4 automatically vacated 11. Violation of any of the aforesaid terms and conditions by the petitioner, namely, Afsana Begum @ Bhanti, the bail granted to her in said Chandmari P.S. Case No. 296/2024 shall stand automatically vacated. 12. Bail application stands allowed to the extent above. 13. Return the case diary. JUDGE Comparing Assistant