Gauhati High Court
Abdur Rahman Mondal @ Abdul Rahman vs The State Of Assam on 8 February, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010002432022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/54/2022
ABDUR RAHMAN MONDAL @ ABDUL RAHMAN
S/O LAE MIR BAKSHE MANDAL
VILL- JHAGRARPAR PT.III
P.O. JHAGRARPAR
P.S. AND DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 08.02.2022 Heard Mr. H.R.A. Choudhury, learned senior counsel appearing for the petitioner. Also Heard Mr. M. P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre- arrest bail to the petitioner, namely, Abdur Rahman Mondal @ Abdul Rahman, apprehending arrest in connection with Dhubri P.S. Case No. 1612/2021 registered u/s 143/457/376(D)/436 of the IPC.
Page No.# 2/3 The Case diary, as called for, is placed before the Court.
The FIR reveals the allegation that the informant went to Guwahati for earning his livelihood and on 07.10.2021, the accused persons, taking the advantage of his absence, entered into the house of the informant by cutting the door of his house and by tying the hands and feet of the informant's wife, took her to the paddy field and committed rape on her and threw her one year old child into the jungle. It is alleged that the local people rescued the child and his wife in an unconscious state.
The medical report of the victim woman, dated 08.10.2021, reveals no sign of recent sexual intercourse.
On scrutiny of the various statements recorded under Section 161 Cr.PC and the statement of the victim woman, it is prima facie revealed that there is no sufficient incriminating material requiring custodial interrogation of the petitioner, subject, however, to final outcome in investigation.
In this context, perused the averments made in the application along with the documents enclosed therewith.
For the above stated reasons, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioner shall appear before the Investigating Officer within 7 days;
(ii) That the petitioner shall not hamper or tamper with the investigation in any manner; and
(iii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of Page No.# 3/3 the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
Return the case diary.
This disposes off the anticipatory bail application.
JUDGE Comparing Assistant