Appellant Lokojit Das sought pre-arrest bail under Section 438 Cr.PC in a fraud-based sexual offence case. The court noted mutual affection and lack of misuse of interim bail, granting the petition.
Interim pre-arrest bail order dated 5.2.2019 made absolute.
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GAHC010021762019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 278/2019
1:LOKOJIT DAS S/O SRI ORANI DAS VILL- GOBRATARI P.O. MEDERTARI P.S. FAKIRGANJ DIST. DHUBRI, ASSAM, PIN - 783330 VERSUS 1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR Z HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 05-04-2019
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Lokojit Das, in connection with Fatasil Ambari PS Case No. 538/2018 under Section 376 IPC.
Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner as well as Mr. T.K. Mishra, learned Additional Public Prosecutor for the state respondent. Case diary produced has been perused.
The victim, in her statement, recorded under Section 164 Cr.PC, has thoroughly implicated the petitioner that he had sexual intercourse with her with a promise to marry her. The
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petitioner has also admitted this fact and made the statement before the investigating officer while availing interim pre-arrest bail.
Whatever it may be, the petitioner has been availing interim pre-arrest bail vide order dated 5.2.2019 and appeared before the investigating officer after obtaining interim pre-arrest bail. He is not alleged to have misused the liberty granted to him while availing interim pre-arrest bail. On the other hand, the materials in the case diary also revealed that they were in love for about ten months prior to the date of occurrence. Considering all such facts, this court is of the view that the petitioner is granted the privilege of pre-arrest bail.
The interim pre-arrest bail granted to the petitioner, vide order dated 5.2.2019 is made absolute on the same terms and conditions.
The petition stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner accused of sexual intercourse under Section 376 IPC.
2 provisions across 2 enactments
Lokojit Das
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
