THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. A D CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 17.01.2022 ORDER Heard Mr. H. Kalita, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor for the State/respondent. By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Dulal Uddin, has prayed for granting pre-arrest bail, apprehending arrest in connection with Batadrava P.S. Case No. 180/2021 registered u/s 294/457/376(j) of the IPC. The case diary, as called for, is placed before this Court. Page No.# 2/2 The FIR reveals the allegation that the informant is a poultry business man at Dimapur and the accused person, by taking the advantage of his absence, used to show obscene signs to his wife. Consequently on 26.08.2021, when his wife went outside the house, the accused person entered into his house and committed rape on her. The medical report shows that the victim woman is married and bore no sign of forceful sexual intercourse and any injury. On scrutiny of the case diary including the statements of the victim woman under Sections 161 and 164 Cr.PC., it is prima facie revealed that she is aged about 37 years and her two sons are married. The petitioner, who was identified, attempted to rape her disrobing her and on raising hue and cry, the female members of her family rushed to her house and apprehended him. The investigation is yet to be completed. In the above backdrop of facts and attending circumstances, this Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest bail to the petitioner. Accordingly, the pre-arrest bail application stands rejected. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant