MANIRUDDIN @ MANIRUDDIN SARKAR v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-09. MANIRUDDIN @ MANIRUDDIN SARKAR v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010157202020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3141/2020 MANIRUDDIN @ MANIRUDDIN SARKAR S/O- AKBAR ALI @ AKBAR SARKAR, R/O- VILL- KHARUWAPARA, P. S. AND DIST. - BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE P. P. , ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER 09. 12. 2020 By this pre-arrest bail application under Section 438 CrPC, petitioner, namely, Maniruddin @ Maniruddin Sarkar, has sought for pre-arrest bail, in the event of his arrest in connection with Barpeta PS Case No. 785/2020, under Section 376 IPC. Heard the learned counsel for both the sides. Also perused the record and the Case Diary. The victim is a married woman and the present petitioner is her brother-in-law.
Although she has alleged commission of rape as per the FIR, but in her statement under Section 164 CrPC, she has stated that the accused simply attempted to commit rape upon her, which is contrary to the allegation made in the FIR. Page No. # 2/2 The stand of the victim girl appears to be different in different stages and the witnesses so far examined have also not clearly supported the allegations made against the petitioner. That apart, there was a delay of 7 (seven) days in filing the FIR, which is not explained. Considering all entirety of the matter and the statement of the victim, which itself is in dark, it will be proper to grant the privilege of pre-arrest bail to the petitioner. Accordingly, the present petitioner, is allowed to go on pre-arrest bail on furnishing bail bond of Rs.
20,000/-, with one surety of the like amount to the satisfaction of the arresting authority with further direction to the petitioner to appear before the IO within 15 days from today and to cooperate with the investigation of the case, as and when required. Anticipatory Bail Application stands disposed of. Return the Case Diary. JUDGE Comparing Assistant
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