Petitioner applied for pre-arrest bail under Section 438 CrPC in an IPC 376 case alleging rape by false promise of marriage. The High Court, finding ample incriminating materials despite lack of medical evidence, held the case not fit for pre-arrest bail and rejected the prayer.
Prayer for pre-arrest bail under Section 438 CrPC is rejected.
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GAHC010203702022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2948/2022
BIPUL BORUAH @ SRI BICKEY BORUAH S/O- LT. BINA BORUAH, R/O- BYE LANE NO.5, BANIPUR, P.O. BANIPUR, P.S. AND DIST.- DHEMAJI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 12-12-2022
Heard Mr. A. Chetia, learned counsel for the petitioner and Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
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inter alia alleged that when she went to the house of her adopted elder sister to attend a ceremony, she met the petitioner and they got introduced to one another. It has been alleged that at around 01-30 a.m. in the night intervening 05.02.2019 and 06.02.2019, she was called to the room of the petitioner by the petitioner on the pretext for a glass of water and when she went inside the room of the petitioner, she was first promised by the petitioner that he would marry her and thereafter, he committed forceful sexual act upon her on that pretext. In her statement recorded under Section 164, CrPC and the statements recorded under Section 161, CrPC, the informant has reiterated the version regarding forceful commission of act on the promise of marriage.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the facts constitute a fit case for granting pre-arrest bail under Section 438 CrPC.
2 provisions across 2 enactments
BIPUL BORUAH @ SRI BICKEY BORUAH
THE STATE OF ASSAM
MANISH CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
