This pre-arrest bail application was rejected as the case was not fit for bail. The interim bail previously granted was vacated, and the application was disposed of without granting relief.
Prayer for pre-arrest bail rejected; interim bail vacated.
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GAHC010126422018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1855/2018
1:DEVID DAS
S/O SRI KHAGEN CH. DAS, R/O VILLAGE DHULIGURI (BHALUKAMARI), PO THAMNA, PS MUSHALPUR, DIST. BAKSA, BTAD, (ASSAM), PIN-781377
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR
Advocate for the Petitioner : MR. K K HANDIQUE
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 04-10-2018
Heard Mr. KK Handique, learned counsel for the petitioner and learned Addl. PP, Assam. Also heard Mr. P Thakuria, learned counsel for the informant.
This is an application under Section 438 Cr.P.C. filed by the petitioner, namely, Devid Das, praying for pre-arrest bail apprehending arrest in connection with Salbari PS Case No.35/2018 under Sections 120(B)/447/354(C)/376/493/ 420/294/506 IPC.
Case diary called for is received and perused.
The allegation made in the FIR against the petitioner is that the petitioner
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committed sexual intercourse with the victim with her consent, by making false promise to marry her and consequently she became pregnant and after committing sexual intercourse, the accused disappeared.
Having considered the nature of allegation and the materials in the case diary, this does not appear to be a fit case for extending the benefit of pre-arrest bail to the petitioner. Accordingly the prayer for pre-arrest bail is rejected and the interim bail granted earlier by this Court vide order dated 18.07.2018 stands vacated.
The pre-arrest bail application stands disposed of.
Send back the case diary.
J U D G E
Smita
Comparing Assistant
1 issue framed by the court
Whether the petitioner is fit for pre-arrest bail in connex ion with offences of rape and criminal conspiracy.
2 provisions across 2 enactments
Devid Das
The State of Assam represented by the Public Prosecutor
Mir Al faz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
