Single judge order rejecting pre-arrest bail application filed under Section 438 Cr.P.C., holding materials in the case diary show the petitioner facilitated commission of rape upon the victim.
Prayer for pre-arrest bail rejected; petition disposed of.
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GAHC010164902020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./575/2020
BIPUL ROY
S/O SRI KAPARU ROY, VILL-DUKHI SUKHI PT-I, P.S.-KAZIGAON, KOKRAJHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR. (NOTICE THROUGH THE PUBLIC PROSECUTOR, ASSAM)
2:DOLGOBINDA RAY S/O LATE NAREN RAY VILL-DUKHI SUKHI PT-I P.S.-KAZIGAON DIST-KOKRAJHAR, ASSAM
Advocate for the Petitioner : MR. S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
16-11-2021
This is an application under Section 438 Cr.P.C ., praying for pre-arrest bail by the petitioner, namely, Halima Khatun , in connection with Kharupetia Police Station Case No. 288 of 2021 , (corresponding to GR Case No. 1641/2021), registered under Sections 342/376/34 of the IPC, read with Section 4 of the POCSO Act .
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Heard Mr. S. Islam, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the State.
The case diary produced has been perused including the statement of the victim recorded under Section 164 of the Cr.P.C.
In her such statement, the victim has categorically alleged that the present petitioner had facilitated commission of rape on her by the principal accused, Nur Islam, even the petitioner had held the hands of the victim so that she cannot resist commission of rape on her by the co-accused, Nur Islam. There is also allegation that by putting the victim inside the house, the present petitioner had locked the door from outside. Such being the materials in the case diary, it appears that the petitioner had facilitated commission of rape upon the victim. That being so, the prayer for pre-arrest bail made by the petitioner is rejected . The petition stands disposed of accordingly.
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 facilitating rape.
1 provisions across 1 enactments
Bipul Roy
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
