Gauhati High Court
Bail Appln./2968/2020 of SMTI. MOMI PHUKON Vs THE STATE OF ASSAM on 22 December 2020
GAHC010184102020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2968/2020 SMTI. MOMI PHUKON W/O SRI BITUPAN PHUKAN, R/O CHIRING GAON, P.O.-LAKWA, P.S.- SIMALUGURI, DIST-SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE
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Arguments
GAHC010184102020
THE GAUHATI HIGH COURT(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2968/2020
SMTI. MOMI PHUKON
W/O SRI BITUPAN PHUKAN, R/O CHIRING GAON, P.O.-LAKWA, P.S.-SIMALUGURI, DIST-SIVASAGAR, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. P BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Date : 22.12.2020
ORDER
Heard Ms. P Borah, learned counsel for the petitioner and Ms. SH Borah, learnedAdditional Public Prosecutor, Assam for the State respondent.
By this petition under Section 439 Cr.P.C., the petitioner, namely, Momi Phukon hasprayed for granting bail in connection with Mathurapur P.S. Case No. 02/2020 underSections 448/397/325/506 of the IPC.
Ms. P Borah, learned counsel appearing for the accused petitioner, submits that co-accused persons have already been released on bail by this Court. Ms. Borah further submitsthat in the order, dated 19.02.2020 passed in Bail Application No.312/2020, it has beenrecorded that the robbed money has already been recovered and the investigation of the caseis almost completed and as such, release of the present accused petitioner will not hamperthe ongoing investigation.
Ms. SH Borah, learned Addl.P.P. Assam fairly submits that the petitioner has undergonedetention for 37 days since 16.11.2020 and as such, the bail application can be consideredfrom that point of view only.
Having heard the learned counsel of both sides and consideration of the grounds of release of the co-accused persons, more particularly, in Bail Application No.312/2020, thisCourt is of the considered view that release of the present accused, who is a woman, will notadversely affect the ongoing investigation into the case.
Therefore, it is provided that the accused petitioner, named above, shall be released onbail of Rs.20,000/- with one surety of the like amount to the satisfaction of the learnedSDJM, Charaideo, Sivasagar, subject, of course, to the following conditions:
1. That the accused shall co-operate in the investigation as and when required; and
2. That the accused shall not, directly or indirectly, make any inducement, threat orpromise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts either to the Court or to any police officer.
With the above directions, the bail application stands disposed of.
JUDGE
Comparing Assistant