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2025 DAILYLAW 8753 (GAU)

SEWALI BORO ALIAS SEWALI PATGIRI BORO v. THE STATE OF ASSAM

Bail Appln./651/2025 · 2025-03-26

Manash Ranjan Pathak

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Judgment text

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Page No.# 1/4 GAHC010048282025 2025:GAU-AS:3618 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./651/2025 SEWALI BORO ALIAS SEWALI PATGIRI BORO W/O- LATE MANOJ BORO, R/O- HOUSE NO. 26, BIRKUCHI, PS- NOONMATI, GUWAHATI, DIST- KAMRUP(M) VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR T CHAKRABORTY, MR. D CHOUDHURY,MR J DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 27-03-2025 Heard Mr. D. Choudhury, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Sewali Boro @ Sewali Patgiri Boro, wife of late Monoj Boro, resident of House No.26, Birkuchi, Police Station-Noonmati, Guwahati, District-Kamrup(M) has filed this application under Section 483 BNSS, 2023 on 04.03.2025 praying for her release on bail in Dispur Police Station Case No. 199/2024 registered under Sections 420/406 IPC, Page No.# 2/4 corresponding to G.R. No.1354/2024, in which she was arrested on 02.02.2025 and is in custody since then. 3. As per the FIR dated 07.03.2024 lodged by the informant before the Dispur Police Station, the case is that, the petitioner on 22.11.2023 took money amounting to Rs.5,00,000/- from one Pompi Boro and Rs.6,00,000/- from the complainant and they provided all the relevant documents to her as she promised to give them jobs in Guwahati Refinery under the IOCL. Though, such amount was paid to her through online in her mobile phone, but she did not provide them with any appointment letters. Thereafter, whenever, the complainant and his friend tried to contact the petitioner, she did not receive their phone calls. As such, the complainant lodged the said FIR before the Dispur Police Station, which was accordingly registered as Dispur P.S. Case No. 199/2024 under Sections 420/406 IPC, corresponding to G.R. No.1354/2024. 4. Case diary placed before the Court today indicates that the petitioner has a habit of taking money from different individuals, promising them to provide Government jobs. The case diary also indicates that the petitioner received certain amount of money from the complainant and his friend in her Bank Account. However, considering her detention in custody since 02.02.2025, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Dispur P.S. Case No. 199/2024. As such, this bail application of the petitioner in said Dispur P.S. Case No. 199/2024 is accepted. 5. Accordingly, the petitioner, namely, Sewali Boro @ Sewali Patgiri Boro, wife of late Monoj Boro be released on bail in said Dispur P.S. Case No. 199/2024 on furnishing a bail bond of Rs.50,000/- with two local sureties each of the like amount, 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 Dispur P.S. Case No. 199/2024 every fifteen days in working days during the office hours for the next three months, commencing from 07.04.2025 and also as and when she is required for necessary investigation of said Dispur P.S. Case; (ii) shall not leave the territorial jurisdiction of the Dispur Police Station, without Page No.# 3/4 obtaining prior written permission from the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati; (iv) shall not hamper with the investigation or tamper with the evidence of the case; (v) 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 (vi) in the event of filing any charge-sheet against the petitioner in said Dispur P.S. Case No. 199/2024 corresponding to G.R. No. 1354/2024, she shall appear before the concerned Trial Court and shall obtain regular bail in the case and shall also appear in the case, on the dates fixed and shall participate in the trial of the said case, without fail till its conclusion. 6. Any violation of the aforesaid terms and conditions by the petitioner, named above, the bail granted to her in the aforementioned Dispur P.S. Case No. 199/2024 shall stand automatically vacated. 7. Pursuant to the order dated 25.03.2025, Sri Manash Jyoti Choudhury, Sub-Inspector of Police, who is the concerned Investigating Officer of Dispur P.S. Case No. 199/2024 personally appeared before the Court and tendered unconditional apology for the delay in furnishing the case diary on the dates, as directed by the Court on earlier occasions. 8. The said Officer further submitted that henceforth, he will be more cautious and there shall not be any lapse on his part pertaining to compliance of the orders of the Court. 9. Considering such submissions, personal appearance of Sri Manash Jyoti Choudhury, Sub Inspector of Police, is dispensed with. 10. Pursuant to the said order dated 25.03.2025, the Officer-in-Charge of Dispur Police Station, Sri Krishna Kanta Laskar also appeared before the Court. He is made aware that being the Officer-in-Charge, he shall supervise for compliance of necessary orders of the Court as being specified to the concerned Police Station under his jurisdiction. The personal appearance of said Sri Krishna Kanta Laskar, the Officer-in-Charge of Dispur Police Station is Page No.# 4/4 dispensed with. 11. This bail application accordingly stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant