Tulu Devi v. The State of Assam

ORDER

27.09.2024

¶1Heard Mr P K Sharma, learned counsel for the petitioner, Tulu Devi, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as she is apprehending arrest in connection with Jalukbari PS Case No. 393/2024, under Sections 115(2)/127(3)/132/189(2)/296/3(5)/324(3)/ 324(5)/61(2) of the BNS, 2023. Page No.# 2/4

¶2Heard Mr K Baishya, learned Additional Public Prosecutor for the State of Assam.

¶3The FIR unfolds that on 15.08.2024, while the informant, a Police Officer was discharging his duty at the Police Station, Jitul Bhargav @ Jitul Bhargab Sharma and Sunny Kalita lodged two FIRs, regarding clash between two groups and on the basis of the FIR, a GD Entry No. 21, dated 15.08.2024 was registered and the informant/petitioner was medically examined and they were informed that investigation will proceed on the basis of the FIR, but after some time, the Jitul Bhargav in a pre-planned manner entered into the Police Station along with some miscreants and verbally abused and threatened the second OC, SI Mazibul Islam, in connection with the FIR lodged by the petitioner and insisted on arresting the accused persons named in the FIR. The Police officials in the Police Station assured the petitioner that appropriate steps will be taken against the culprits, but the disturbing situation got escalated and then, the informant along with second OC, Mazibul Islam, ASI Ranjit Singh and other Police personnel came out of the Police Station to control the situation. A lady named Tulu Devi, i.e., the petitioner, instigated the mob and the mob became more aggressive and started recording videos on their mobile and they also rebuked the Police officials uttering obscene words. The mob also pushed the informant and took him out of the Police Station and started recording videos to defame the informant. This situation was brought under control by ASI Ranjit Singh and some other Police personnel, who were also assaulted in the process. The mob also damaged the front glass of the Police vehicle, bearing Registration No. AS-01-BS-9198. Page No.# 3/4

¶4It is submitted on behalf of the petitioner that similarly circumstanced accused have been granted bail by this court vide order dated 02.09.2024, in connection with AB No. 2274/2024 and vide order dated 02.09.2024, in connection with Bail Application No. 2549/2024.

¶5It is further submitted that the learned trial Court has also granted bail to the accused Naba Athparia, in connection with this instant case.

¶6It is submitted on behalf of the petitioner that no overt act could be attributed to the petitioner. Her family will suffer immensely, if the petitioner, who is the lady of the house, is forwarded to custody.

¶7The learned Additional Public Prosecutor has raised serious objection stating that this petitioner is not similarly circumstanced with the other accused named in the FIR. There are incriminating materials in the Case Diary against the petitioner.

¶8I have considered the submissions at the Bar with circumspection.

¶9I have scrutinized the Case Diary.

¶10Indeed there are incriminating materials in the Case Diary, against the petitioner.

¶11Considering all aspects, petition is allowed. In the event of her arrest, the petitioner shall be enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only), with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that: Page No.# 4/4

i) the petitioner shall appear before the IO within one week and cooperate with the investigation,

ii) the petitioner shall refrain from such activities with which she is alleged, and

iii) the petitioner shall not leave the jurisdiction of the Court, without prior permission.

10.1. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶11Anticipatory Bail Application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010204992024 2024:GAU-AS:9771 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2616/2024 TULU DEVI W/O- SHYAM NATH SARMA, R/O- KAMAKHYA TEMPLE, KAMAKHYA DHAM, GUWAHATI-10, DIST-KAMRUP METRO ,ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. KAUSTUVMANI KAKOTI, MR. A BORPUZARI,MR. M MORE Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND