Single judge order granting pre-arrest bail to the petitioner under Section 438 Cr.P.C. in an alleged rape case. The court noted improvements in investigation, specifically a victim statement indicating the victim married another man.
Petitioner granted pre-arrest bail on bond of Rs.15,000/- with suitable surety.
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GAHC010038222019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 515/2019
1:LABA KANTA SAHARIA
S/O- SRI KANAK CHANDRA SAHARIA, R/O- VILL- RAUTHALI BAGISHA, P.S- KALAIGAON, DIST- UDALGURI, BTAD, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N ZAMAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 02-09-2019
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Laba Kanta Saharia, in connection with All Women Police Station Case No. 97 of 2018 , registered under Sections 376/506/315/392/420 of the IPC .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
The case diary produced has been perused.
Heard Mr. A Ganguly, learned counsel appearing for the petitioner and Mr. H Sarma, learned Additional Public Prosecutor.
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This is the second pre-arrest bail application by the accused-petitioner, his first such application was rejected vide order, dated 24-01-2019, passed in AB No. 3467/2018, after examining the case diary and finding materials therein against him.
Now, there is an improvement in the investigation of the case. Someother witnesses have been examined including the mother of the victim.
From the statement of the mother of the victim, recorded under Section 161 of the Cr.P.C., it appears that the victim got married with another person. The evidence, so far collected, also indicate that the victim has alleged rape on her person by the petitioner only after she became pregnant and did not disclose this fact or complained about rape before she became pregnant.
Whatever it may be, considering the nature of materials and the fact that she had her earlier husband apart from one, with whom she is now staying as per the statement of her mother, this Court is of the view that the petitioner be granted the privilege of pre-arrest bail.
Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on furnishing bail bond of Rs.15,000/- , with a suitable surety of the like amount, to the satisfaction of arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner:
(a) shall appear before the Investigating of concerned Police Station, within seven days from today and shall co-operate with the investigation;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner given the materials collected and the witness statement.
Whether the change in investigation materials and victim's statement justifies the grant of bail.
2 provisions across 2 enactments
Laba Kanta Saharia
The State of Assam Rep. By the PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
