The Gauhati High Court converted interim bail into absolute bail for the petitioner in a case involving allegations of rape, cheating, and dishonour of cheques. The court noted material indicating the informant engaged in an illicit relationship voluntarily.
Interim bail granted earlier to the petitioner was made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010047522022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/746/2022
HARI MOHAN SARKAR @ HARI PRASAD SAKAR S/O LATE NITAI SARKAR,
R/O UTTAR KANDULIMARI, P.S. CHHAYGAON, PIN-781124, KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B PHUKAN
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
06.05.2022
By filing this petition under Section 438 of the CrPC, the petitioner, namely- Hari Mohan Sarkar @ Hari Prasad Sarkar has sought for pre-arrest bail, in the event of arrest, in connection with Chhaygaon P.S. Case No.29/2022
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under Sections 498(A)/406/376 of IPC.
Heard both sides. Perused the case diary that has been produced.
The informant herein is a married lady. She has alleged that the present accused petitioner committed rape upon her and her husband compelled her to establish such illicit relationship with the accused petitioner.
The materials in the case diary indicates otherwise that it was the informant herself indulged in such relationship with the present accused petitioner, which was noticed by her husband and both the parties was apprehended thereafter. Material also disclosed about such illicit relationship of the informant with the present petitioner.
Considering the fact that the informant being a married woman indulges in such illicit relationship with the present petitioner, it will not amount rape under the provision of law.
Considering the matter in its entirety, interim bail granted earlier is made absolute.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to absolute bail in connection with allegations of rape, drawer of cheques, and cheating.
Whether the alleged act of illicit relationship by a married woman compromises the charge of rape against the petitioner.
2 provisions across 2 enactments
Hari Mohan Sarkar @ Hari Prasad Sakar
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
