THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA Date : 12.09.2022 ORDER Heard Mr. N. J. Dutta, learned counsel for the petitioner and Mr. Bhaskar Sarma, learned Additional Public Prosecutor for the State. By this application under section 439 Cr.P.C., the petitioner, namely, Page No.# 2/4 Pramila Deka, who was arrested on 27.07.2022, in connection with Bhangagarh Police Station Case No. 216/2022, under Section 366(A)/370(A)/34 of the IPC is praying for regular bail. The previous prayer for bail was rejected vide order dated 18.08.2022 passed in B. A. No 1932/2021. Mr. Bhaskar Sarma, learned APP for the State has produced the case diary and opposed the prayer for bail on the ground that the two prime accused are yet to be apprehended and it is further stated that as the investigation is still at a preliminary stage, enlarging petitioner on bail can hamper the investigation, as she may influence the witness.

On perusal of the case dairy, it appears that there are sufficient incriminating materials against the petitioner of participating in the child lifting within the premises of Guwahati Medical College and Hospital and she was caught red handed in the process of lifting a new born baby. It also appears that the IO suspects that the petitioner is also involved in a previous case, i.e., Bhangagarh Police Station Case No. 120/2022, in which FIR was lodged on 13.04.2022, and the new born child kidnapped in that case has not yet been recovered. Nonetheless, as the petitioner is in custody since last 47 days, and as it is projected that the petitioner is of sixty years of age, this Court is of the considered opinion that the further custodial detention of the accused is not required. Accordingly, this Court is inclined to release the petitioner namely, Pramila Deka, on bail in connection with the aforementioned Bhangagarh Police Station Case No.

216/2022, under Section 366(A)/370(A)/34 of the IPC, on furnishing Page No.# 3/4 bail bond of Rs. 1,00,000/- (Rupees One Lakh only) with two sureties of like amount, by further providing that out of the two sureties, one surety would offer his/her plot of land as a security for grant of bail, having value more than the bail amount of Rs.1,00,000/- to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati. The following conditions are imposed on the petitioner:- (i) That the petitioner shall appear before the IO once in a fifteen days till her personal appearance is dispensed with, or charge-sheet is submitted, whichever is earlier. (ii) That in the event it is reported that the petitioner is suspected to be involved in any similar offence and the petitioner violates any of the conditions of the bail, it will be open to the IO to approach the jurisdictional Court for cancellation of bail and arrest the petitioner for subsequent offence.