DEBOJIT DAS @ RAJA v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-16. DEBOJIT DAS @ RAJA v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010127502020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2526/2020 DEBOJIT DAS @ RAJA S/O SRI DEBASHIS DAS, R/O COLLEGE ROAD, RAMKRISHNA NAGAR, P. S. - RAMKRISHNA NAGAR, DIST-KARIMGANJ, PIN-788710, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 16-12-2020 This is an application made under Section 438 Cr. P. C. , seeking pre-arrest bail by the petitioner, namely, Debojit Das @ Raja, apprehending arrest in connection with Ratabari Police Station Case No. 48/2020, registered under Sections 302 of the IPC. Heard Mr. S. C. Biswas, learned counsel appearing for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor. The case diary produced has also been perused.
The post mortem examination report of the deceased shows that the death was due to asphyxia, as a result of ante mortem hanging. The FIR itself shows that the deceased committed suicide at her own house by hanging. The materials in the case diary, particularly, Page No. # 2/2 the statement of the informant also shows that the deceased had love affair with the petitioner and the petitioner had uploaded some objectionable photographs of the victim in facebook and also subjected her to mental torture, which may be the cause of committing suicide by the deceased. On perusal of the case diary it does not appear that there is any such material collected by the Investigating Police Officer to connect the death of the deceased with the fact of uploading of the objectionable photographs etc. Therefore, considering the materials in the case diary, this Court is of the view that the petitioner is entitled to the grant of privilege of pre-arrest bail.
That being so, the petitioner is granted the privilege of pre-arrest bail. The petitioner is availing the interim pre-arrest bail vide order, dated 01-10-2020. Accordingly, the interim protection granted to the petitioner, vide order dated 01-10-2020, is made absolute by this order on the same terms and conditions. The anticipatory bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant
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