Gauhati High Court
Goutam Namasudra vs The State Of Assam on 1 December, 2020
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
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GAHC010135872020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2733/2020
GOUTAM NAMASUDRA
S/O SRI GOPENDRA NAMASUDRA, R/O PADMARPAR, P.S. NILAMBAZAR,
DIST. KARIMGANJ, 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
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
01-12-2020.
By this application under Section 438 CrPC, petitioner, namely, Goutam Namasudra, has sought for pre-arrest bail in the event of his arrest in connection with Nilam Bazar PS Case No. 209/2020, under Sections 376/354/325 IPC.
Heard the learned counsel for both the parties.
Also perused the record and Case Diary.
The victim is a married woman and the accused hide himself below the bed of the victim at the time when she and her husband went outside to attend the nature's call. Immediately, on their Page No.# 2/2 return, the accused by administering some substance, made them unconscious and committed rape upon the victim woman. The victim and other witnesses have given a detailed description of the incident and there appears no any other ground to discard their statement.
Considering the nature of accusations and the complicity of the accused petitioner, this Court is not inclined to grant the privilege of pre-arrest bail to him. Accordingly, the bail application is hereby rejected.
Interim order passed earlier stands vacated.
JUDGE Comparing Assistant