The Gauhati High Court granted pre-arrest bail to the petitioner in a sexual offence case, holding custodial interrogation unnecessary and making an interim bail order absolute.
Granted pre-arrest bail; interim pre-arrest bail order made absolute.
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GAHC010023192019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 296/2019
1:HARMOHAN DAS S/O- LT KACHI DAS, R/O- VILL- SANIADI, P.O. SANIADI, P.S. HAJO, DISTKAMRUP (R), ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. N J GOGOI Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
:: O R D E R ::
11-03-2019
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Sri Harmohan Das, apprehending arrest in connection with Dispur Police Station Case No. 43/2019 , (corresponding to GR Case No. 154/2019), registered under Sections 376/506/507 of the IPC .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
The case diary received, has been perused including the statement of the victim, recorded under Section 164 of the Cr.P.C.
Heard Mr. NJ Gogoi, learned counsel for the petitioner as well as Ms. SH Bora, learned Additional Public Prosecutor, appearing for the State of Assam.
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On perusal of the materials in the case diary including the statement of the victim, it appears that the victim is a major and, prima facie, it looks like a case of consensual sex between the victim and the petitioner. However, this view is tentative and for the purpose of this anticipatory bail application only.
That being so this Court is of the view that custodial interrogation of the petitioner is not necessary. Accordingly, he is granted the pre-arrest bail.
On the other hand, the petitioner has been availing interim pre-arrest bail. He has appeared before the Investigating Police Officer in accordance with the order granting interim pre-arrest bail to him. His statement has already been recorded and he has not misused the liberty granted to him.
Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 06-02-2019, is made absolute by this order with the same terms and conditions.
The anticipatory bail application 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 apprehending arrest under sections 376/506/507 IPC.
3 provisions across 2 enactments
HARMOHAN 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
