ORDER

01.12.2021 Heard Mr. N.J. Dutta, learned counsel for the accused-petitioners and Mr. R.J.

Baruah, learned Addl. PP for the State/respondent. Also heared Mr. S. Rana, learned counsel for the informant

2. This bail application has been filed by the accused-petitioners, namely, 1.

Dhanya Chandra Mandal and 2. Purna Chandra Mandal seeking bail in connection with Jogighopa P.S. Case 404/2021 under Sections

498(A)/307/315/506 of the IPC read with Section 4 of the Dowry Prohibition Act. The said case was registered on an FIR dated 13.11.2021 lodged by the informant who is the wife of the petitioner No. 2.

3. The learned counsel for the accused-petitioners submits that the accused-

petitioners No. 1 & 2 are the brother-in law and husband respectively of the informant and that this FIR was lodged in the heat of the moment. However, subsequently, the informant has decided not to pursue the case any further. In this connection, he has referred to a notarized affidavit dated 18.11.2021 whereby it is stated by the informant that she wants to compromise the matter. 4. Mr. S. Rana, learned counsel for the informant submits on instruction that the informant wants to compromise the matter and does not want to press the charges any further.

5. The learned Addl. Public Prosecutor, Assam submits that charge-sheet has been filed in the matter vide Charge-sheet No. 211/2021 dated 28.11.2021 under Sections 498(A)/323/315/506 of the IPC.

6. The learned counsel for the parties have been heard. Pleadings on records have been perused. It is seen that the petitioner No. 2 is stated to be working as a teacher in Chinabari Lower Primary School and petitioner No. 1 is the brother of the petitioner No. 2. It is seen that by earlier orders dated

15.11.2021 and 16.11.2021, the bail applications of the petitioners were rejected by the Judicial Magistrate, First Class, North Salmara, Abhayapuri on the ground that since investigations are in the preliminary stage which does not justify the release of the petitioners on bail. It is also seen that the case was registered under Sections 498A/307/315/506 read with Section 4 of the Dowry Prohibition Act , however, as submitted by the learned Addl. Public Prosecutor the charge-sheet has been filed under Sections 498(A)/323/315/506 of the IPC..

7. Considering the submissions made by learned counsels for the parties, since the investigations have been completed and the charge-sheet has been filed and considering the period of detention undergone, this Court is of the view that further custodial detention of the petitioner is not necessary and the accused-petitioners are enlarged on bail subject to furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one local surety of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, North Salmara, Abhayapuri. The direction for bail is further subject to the following conditions:

i) That the accused-petitioners shall not leave the territorial jurisdiction of the learned Judicial Magistrate, First Class, North Salmara, Abhayapur, without prior written permission from him;

ii) That the accused-petitioners shall not hamper with the investigation, or tamper with the evidence of the case:

iii) That the accused-petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer: and iv) That the accused-petitioners shall appear before the learned Judicial Magistrate, First Class, North Salmara, Abhayapuri on each dates as may be directed, without fail.

8. If any of the conditions are found to be violated, the bail granted may be cancelled upon such application being filed before the Court..

9. With the above direction, the bail petition is accordingly allowed and disposed of.

JUDGE

Comparing Assistant