The Gauhati High Court dismissed a bail application under Section 438 CrPC filed by Ratul Dutta seeking pre-arrest bail in a sexual offence case, holding the matter infructuous as the case had concluded with a Final Report. An interim order was vacated.
Bail application dismissed; interim order vacated.
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GAHC010025952022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/410/2022
RATUL DUTTA SON OF SRIMEDHESWAR DUTTA R/O MACHKHUWA DOLOUGURI P.S. MACHKHUWA DIST. DHEMAJI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B K GOGOI
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
17.05.2022
By way of this bail application filed under Section 438 CrPC, petitioner, namely, Sri Ratul Dutta, has sought for pre-arrest bail in the event of his arrest in connection with Dhemaji PS Case No. 33/2022 [GR Case No. 79/2022 (DMJ) under Section 376(1)/109 of the IPC.
Heard the learned counsel for both the parties.
On instructions, the learned Additional Public Prosecutor has submitted that the aforesaid case has now ended at Final Report vide FR No. 73/2022, dated 07.04.2022. That being so, the matter has become infructuous and hence, dismissed.
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Interim order passed earlier stands vacated.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner under Section 438 CrPC in light of the case having ended at Final Report stage.
1 provisions across 1 enactments
Ratul Dutta
The State of Assam Rep. By the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
