The Gauhati High Court accorded anticipatory bail to the applicant in a case alleging sexual offences and assault under Sections 376, 342, 323, 313, and 34 IPC, observing no initial proof of misconception of facts.
Anticipatory bail granted on furnishing bond of Rs. 20,000 with one surety of like amount.
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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GAHC040010722023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB/48/2023
Ajoy Camdir Tok
S/o late Kurlon Tok, Village Palove, P.O and P.S Pake Kessang, District Pakke Kessang (AP)
VERSUS
THE STATE OF AP represented by the Public Prosecutor.
Advocate for the Petitioner : Hage Lampu, R. Millo
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 17-08-2023
Heard Mr. R. Millo, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh.
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misconceptions of fact, so as to attract the offence under Section 376 IPC.
(i). The applicant shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when called for in connection with the Itanagar Women Police Station Case No. 58/2023.
(ii). The applicant 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 either to the Police officer or to the Court or tamper with the evidence;
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted to the applicant apprehending arrest for alleged offences under Section 376 IPC?
Whether the medical evidence and facts of the case indicate the offence was based on a misconception of fact warranting Section 376 IPC?
2 provisions across 2 enactments
Ajoy Camdir Tok
The State of AP
NANI TAGIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
