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2026 DAILYLAW 15869 (GAU)

MONOWARA BEGUM ALIAS MONOWARA KHATUN AND AND 2 ORS. v. THE STATE OF ASSAM

Bail Appln./3097/2026 · 2026-10-04

Shamima Jahan

body2026

Judgment text

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Page No.# 1/3 GAHC010220492026 2026:GAU-AS:14824 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3097/2026 MONOWARA BEGUM ALIAS MONOWARA KHATUN AND AND 2 ORS. W/O NUR HUSSAIN ALIAS POLAN ALI, R/O VILL UTTAR CHOUTARA, PS CHAYGAON, DIST KAMRUP, ASSAM 2: KOHINUR KHATUN ALIAS KAHINUR KHATUN W/O SAINUDDIN R/O VILL UTTAR CHOUTARA PS CHAYGAON DIST KAMRUP ASSAM 3: NABIRAN NESSA ALIAS NOBIRON NESSA WO MANIR UDDIN RO VILL UTTAR CHOUTARA PS CHAYGAON DIST KAMRUP ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, MD A RAHMAN,S T AMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 05.10.2026 1. Heard Mr. A.W. Aman, learned counsel appearing for the petitioners. Also heard Ms. A. Begum, learned APP appearing for the State of Assam. 2. By this application, the petitioners have prayed for bail in connection with Chhaygaon P.S. Case No. 208/2026 registered under Sections 109/118(2)/3(5) of the BNS, 2023. 3. The FIR in connection with which the petitioners were arrested on 27.09.2026 was lodged by one Sukur Ali stating inter alia that upon interrogation of accused Nos. 14, 15 and 16 named in the FIR it was revealed that the accused persons including the petitioners had erected a barricade in the middle of the road and blocked the passage, thereby causing considerable difficulty to the informant and other villagers and their children in using the road. It is further alleged that upon being informed about the incident, the police intervened and that accused Nos. 1 to 13 including the petitioners intercepted the elder brother of the informant and assaulted him. It is also alleged that the petitioners along with the other accused persons had assaulted several other persons. 4. The learned counsel appearing for the petitioners submits that all the petitioners are women and that no specific allegation has been made against any of them. 5. On the other hand, Ms. A. Begum, learned APP submits that the informant as well as other persons are alleged to have sustained injuries and as such prays for calling of the case diary. 6. Upon consideration of the submissions made by the learned counsel for the parties, more so in view of the fact that no specific overt act has been attributed to Page No.# 3/3 the petitioners and also considering the fact that the petitioners are women, this Court is inclined to enlarge them on bail. Accordingly, the petitioners shall be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) each with one local surety each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Amingaon subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer as and when called for, (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witnesses; and (iii) The petitioners shall not leave their place of residence without the prior permission of the Investigating Officer. 7. Accordingly, this Bail Application stands disposed of. JUDGE Comparing Assistant