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2011 Supreme(Gau) 568

MADAN B.LOKUR, H.BARUAH
M. Londhoni Devi – Appellant
Versus
National Investigation Agency – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. D.K. Mishra, Sr. Advocate, Mr. A. Talukdar, Mr. K.K. Kalita, Mr. J.P. Das, Mr. P. Prasad & Ms. M.J. Ngurnunmawii
For Respondents/Defendant: Mr. A.S. Chandhiok, Addl. Solicitor General, Mr. D.K. Das, SC, NIA & Mr. M. Boro

JUDGMENT

Madan B. Lokur, CJ

1. The appellant has preferred this appeal against an order dated 01.04.2011 passed by the Special Judge, NLA, Assam, Guwahati in Misc Bail Application No. 17/2011 declining bail to the appellant. In our opinion, bail ought to have been granted to the appellant.

2. The appellant has been in custody since 18.08.2010 and is accused of offences under Sections 120(B), 121, 121(A) and 122 of the IPC read with Sections 16, 17, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967. A charge sheet has been filed on 14.02.2011 against the appellant in respect of these offences, in which she is Accused No. 14.

3. While the offences appear to be rather serious, the allegations against the appellant are completely innocuous and belie the provisions of the statutes concerned.

4. The allegations contained in the charge sheet against the appellant are mentioned only in paragraph 17.28 thereof. This paragraph reads as follows:-

17.28. In pursuance of the said conspiracy accused Mrs. Londhoni Devi (A-14) as an active member of the proscribed terrorist organization, UNLF had remained associated with every act of commission and omission of UNLF carried out inside and outsi








































































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