MARIYAM KHATUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.R Saikia, learned counsel appearing for the petitioner.

(2.) This bail application u/s 439 Cr.P.C. has been filed by the petitioner Smti Mariyam Khatun seeking regular bail. She was arrested on 02-08-2020 in connection with an FIR dated 28-06-2020 which was registered as Boko Police Station case No. 685/2020 under Section 457/380/395 of the Indian Penal Code.

(3.) The allegation made in the FIR was in respect of theft of an ATM with an amount of Rs. 25,81,000/- . The informant being an official of the company M/s FIS Payment Solution India Pvt. Limited, which supervised the installation, maintenance and operation of ATMs on behalf of Public Sector Bank in the entire North Eastern India. In the forwarding report dated 03-08-2020 it was stated by the Investigation Officer that during investigation the petitioner was found to be the registered owner of the DI vehicle bearing registration No. AS-25-DC- 1922, involved in the case. It was further stated that from the statement of accused Taher Ali it was revealed that the present petitioner engaged him as driver on monthly salary and she was aware of the ATM dacoity and that she had engaged him and other accused persons for the purpose of the said dacoity and had sent him to the place of occurrence on that date. It was further stated by the Investigating Officer that the looted amount was divided/distributed amongst the accused persons in the house of the petitioner and that she had also received an amount of Rs. 50,000/- as the share for giving the vehicle for that purpose.