Justice Hitesh Kumar Sarma rejected the appellant's prayer for pre-arrest bail due to prima facie evidence of fraud in obtaining consent. The earlier interim bail was vacated in this order.
Prayer for pre-arrest bail is rejected and the interim pre-arrest bail granted earlier stands vacated.
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GAHC010022682019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 282/2019
1:BHASKAR DAS
S/O- SRI DIGANTA DAS, R/O- PUTHIKHAITI GAON, P.S. GHILAMARA, DISTLAKHIMPUR, PIN- 787053
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR P C MAZUMDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 05-04-2019
Heard Mr. K.P. Gogoi, 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 including the statement of the victim. The petitioner had love affairs with the victim and had promised to marry her, he had sexual intercourse with her ultimately, resulting in her giving birth of a male child. But, the petitioner did not marry her. That being so, consent, prima-facie, was obtained by practicing fraud on the victim. However, this view is tentative and for the purpose of this bail application only.
In view of such materials in the case diary, this court is of the view that he is not entitled to
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the privilege of pre-arrest bail and his custodial interrogation is necessary. That being so, his prayer for pre-arrest bail is rejected.
The interim pre-arrest bail granted to the petitioner, vide order, dated 5.2.2019, stands vacated.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the appellant is entitled to pre-arrest bail given the prima facie view of fraud in obtaining consent for sexual intercourse.
Whether the interim pre-arrest bail granted earlier must be vacated.
Bhaskar Das
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
