Ramesha Begum v. The State of Assam

Page No.# 1/2 GAHC010260042024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3767/2024 RAMESHA BEGUM W/O AINAL HAQUE R/O VILL-BHALUKABARI PS. BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

10.12.2024 Heard Mr. A. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2

¶2This is an application under Section 483 of the BNSS, 2023 whereby the petitioner Ramesha Begum prayed for releasing her on bail after she was arrested in connection with Barpeta P.S. Case No.435/2024 under Section 318(4)/ 324(2)/ 336(3)/ 337/ 341(1)/3(5) of the BNS, 2023.

¶3The petitioner was working as an Anganwadi Worker. Because of the meager salary, she did some other works also. A person called Sahidul Islam produced forged birth certificates and the present petitioner collected those birth certificates and distributed them amongst other people. Said Sahidul Islam has already been arrested by police. The petitioner was also arrested by police because from her possession 19 forged birth certificates were recovered.

¶4Mr. Ahmed submits that after her arrest, the petitioner has lost her job as an Anganwadi Worker. Mr. Ahmed further submits that the petitioner being a woman has already spent 24 days in judicial custody and period of detention already undergone by her deserves to be taken as a ground for releasing her on bail.

¶5I have considered the submissions made by the learned counsel of both sides.

¶6This Court is of the opinion that considering the period of detention already undergone by her, the bail application of the petitioner is allowed.

¶7The petitioners, namely-Ramesha Begum who was arrested in connection with Barpeta P.S. Case No.435/2024 under Section 318(4)/ 324(2)/ 336(3)/ 337/ 341(1)/3(5) of the BNS, 2023, shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta. With the above direction, the bail application is disposed of.

JUDGE Comparing Assistant