The Gauhati High Court granted pre-arrest bail to the petitioner, a teacher accused of attempted rape under IPC Sections 376/511/509/506/34, holding that he was unlikely to abscond.
Leave to come on bail furnished by a bond of Rs.20,000/- and a suitable surety of the like amount.
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GAHC010104372020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
1:JAHANUDDIN S/O- KABED ALI, R/O- VILL- KHUTAMARI, P.S- GOALPARA, DISTGOALPARA, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. T HUSSAIN
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
01-10-2020
The Court proceedings have been conducted through Video-Conference.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Jahanuddin, in connection with Goalpara P.S. Case No.30/2020 (G.R. No.124/2020) registered under 376/511/509/506/34 of the Indian Penal Code.
Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. NJ Dutta, learned Additional Public Prosecutor, Assam for the State respondent.
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Case diary produced has been perused.
It appears from the FIR as well as other materials available in the case diary that the accused petitioner by misrepresenting the victim about the fact of calling her by her father, had taken her with him with a view to taking her to her father’s place, and on the way he attempted to commit rape on her person. However, the petitioner could not commit rape as the victim had raised alarm.
Mr. Munir, learned counsel for the petitioner has submitted that fact of the case, as stated in the FIR, is concocted and lodging of the FIR after one-and-half month is indicative of an afterthought of the accusation. On perusal of the materials in the case diary, it appears that the delay has been explained and the reason is that the victim was waiting for a settlement in the village with the help of the villagers which did not materialize resulting, ultimately, in lodging of the FIR.
Whatever it may be, it appears that the allegation is of an attempt to commit rape and the nature of materials in the case diary considered together lead to a belief that there might be some concoction in the allegation. That apart, the petitioner is a teacher in a Madrassa and is unlikely to abscond and avoid the investigation of the case.
Mr. Dutta, learned Additional Public Prosecutor has also subscribed to the materials in the case diary, as indicated above.
In view of the above, the petitioner is 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 his furnishing bail bond of Rs.20,000/-, 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;
(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.
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The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case of attempted rape despite allegations of concoction in the FIR.
1 provisions across 1 enactments
Jahanuddin S/o- Kabed Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
