Judgment · High Court

Heard Mr. B. Chetri, learned counsel appearing for the petitioner and Mr . P. Roy, learned Government Advocate appearing for the official respondents. Al so heard Ms. R. Bora, learned counsel appearing for the respondent No.7. This is an application praying for releasing the petitioner on bail who has been detained in connection with the LFT-II (D) Case No.376/08 Dist. No.1625 in Kokrajhar Jail since 8.6.2010. In W.P.(C) No.3745 of 2010 filed by the petit ioner challenging the judgment and order dated 9.12.2009 passed by the learned M ember Foreigners Tribunal No.II, Lakhimpur, the impugned judgment and order had been stayed by this Court. From the documents which are made available in the writ petition and the statements given in the application, it appears that the petitioner is married to one Shri Sher Bahadur Acharya (Chetri), a resident of Boginodi, PGR P.S. Bogi nadi, District Lakhimpur and she has born four (4) daughters to her husband. Th is fact indicates that she is permanently domiciled in Lakhimpur District in the address of her husband. I do not find any justification for further detention o f the petitioner and more so, as the impugned order was passed ex-parte. In that view of the matter, pending final disposal of the above referred writ petition, it is directed that the petitioner shall be allowed to remain o n bail on executing a PR bond of Rs.5,000/- with two (2) sureties of the like am ount to the satisfaction of the S.P. Lakhimpur. The petitioner shall furnish to the Baginadi Police Station the particul ars of the address where she will stay during the period of bail. The petitioner shall also appear before the Baginadi Police station as and when required by th e O/C of Baginadi P.S. and she shall not leave the Lakhimpur District without th e specific permission from the O/C. In case of violation of any of the condition s mentioned above, the bail granted to the petitioner is liable to be cancelled.