Rajib Hussain Lakar @ Rajib Hussain Vs the State of Assam and Anr.

1. Heard Mr. L.R. Mazumder, the learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, the learned Additional Public Prosecutor appearing for the State of Assam.

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2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Rajib Hussain Laskar @ Rajib Hussain, who is apprehending his arrest in connection with Jirighat P.S. Case No. 21/2024, corresponding to G.R. Case No. 182/2024 under Section 331(4)/115(2)/351(3) of BNS, 2023 read with Section 6 of POCSO Act, 2012.

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3. The gist of accusation in this case is that on 16.08.2024, the mother of the victim girl had lodged an FIR, alleging that on 15.08.2024, the present petitioner had sexually abused her minor daughter and raped her and also assaulted her.

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4. The learned counsel for the petitioner has submitted that the accusation made against the present petitioner in the FIR is not true and the petitioner is an innocent person. He submits that as there was some dispute between the parties regarding payment of compensation for damage paddy of the petitioner, the informant has lodged the false FIR. He also submits that he is ready to co-operate in the investigation and his further custodial detention may not be necessary. Hence, he may be allowed to go on bail.

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5. On the other hand, the learned Additional Public Prosecutor Mr. P.S. Lahkar has vehemently opposed the grant of bail to the petitioner on the ground that there are sufficient incriminating materials in the Case Diary against the present petitioner. He has produced the Case Diary of Jirighat P.S. Case No. 21/2024.

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6. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available in the Case Diary, including the statement of the victim girl recorded under Section 183 of BNSS, 2023. On perusal of the statement of the victim girl as well as other materials available in the Case Diary, it appears that the present petitioner has been implicated of having committed forceful sexual intercourse and having assaulted the victim.

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7. Considering the seriousness of the nature of offence involved in this case as well as the incriminating materials available in the Case Diary against the petitioner, this Court is of considered opinion that this is not a fit case to grant favourable relief under Section 482 of the BNSS, 2023 to the petitioner. Hence, the prayer for grant of anticipatory bail is hereby rejected.

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8. Send back the Case Diary.

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9. The anticipatory bail application is accordingly dismissed.

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JUDGE

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Comparing Assistant

Rajib Hussain Lakar @ Rajib Hussain v. the State of Assam and Anr.

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Rajib Hussain Lakar @ Rajib Hussain v. the State of Assam and Anr.

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