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2025 DAILYLAW 7367 (GAU)

RAJBAHATUN NESSA v. THE STATE OF ASSAM

AB/319/2025 · 2025-02-13

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010027532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/319/2025 RAJBAHATUN NESSA W/O ABDUL SAMAD R/O VILL-BARBARI P.S.SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 14.02.2025 Heard Mr. M Hoque, learned counsel for the petitioner and Mr. D P Goswami, learned Additional Public Prosecutor, Assam. This is an application filed under Section 482 of the BNSS,2023 praying for grant of pre-arrest bail in favour of the petitioner, namely, Rajbahatun Nessa, in connection with PRC Case No. 1473/2023 pending in the court of the learned Sub Divisional Judicial Magistrate, Darrang, Mangaldai. Page No.# 2/2 The petitioner has been showing as an absconder in the charge sheet. Now, it is submitted that the petitioner is interested in facing the trial. But, the petitioner apprehends that since the Court of the learned Sub Divisional Judicial Magistrate, Darrang, Mangaldai does not have the jurisdiction to entertain the bail application of the petitioner, she may be remanded to the judicial custody. I have considered the submission made by the learned counsel of both sides. Since the petitioner is interested in facing the trial, this court is of the opinion that the petitioner does not deserved to be detained in custody. Hence, the prayer for pre-arrest bail is allowed. Accordingly, it is hereby directed that on appearance of the petitioner Rajbahatun Nessa before the learned Sub Divisional Judicial Magistrate, Darrang, Mangaldai in connection with PRC Case No. 1473/2023, she shall be released on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned learned Sub Divisional Judicial Magistrate, Darrang, Mangaldai. The petitioner shall appear before the learned trial court on 03.03.2025. The bail application is disposed of. JUDGE Comparing Assistant