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2025 DAILYLAW 8804 (GAU)

MARFUJA KHATUN v. THE STATE OF ASSAM AND ANR.

Bail Appln./720/2025 · 2025-03-11

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010048692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./720/2025 MARFUJA KHATUN W/O ABUL HUSSAIN (D/O HUSSAIN ALI) VILL- LECERIBORI, P.S. MAYONG DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SAMOLA KHATUN W/O ABUL HUSSEN VILL- MERAR HABI P.S. MAYONG DIST. MORIGAON ASSA Advocate for the Petitioner : MR. J AHMED, R BEGUM,H G DAISY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12.03.2025 1. Heard Mr. J. Ahmed, the learned counsel for the petitioner. Also heard Mr. K. K. Das, the learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Marfuja Khatun, who has been detained behind the bars since 11.12.2024 (for last 91 days) in connection with Mayong P. S. Case No.105/2024 under Section 61(1)/142 read with Section 6 of the POCSO Act, 2012. 3. Since the petitioner has completed statutory period of detention from which she could have been detained behind the bars under Section 187 (2) of the BNSS, 2023, the petitioner is entitled to get bail. 4. In view of above, the above-mentioned petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Special Judge, POCSO, Morigaon with the following conditions: i. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case before the Investigating Officer. ii. That the petitioner shall co-operate in the investigation. Page No.# 3/3 5. With the above observation, this bail application is accordingly disposed of. JUDGE Comparing Assistant