Gauhati High Court
Radheshyam Biswas @ Rajesh Biswas vs The State Of Assam on 24 August, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/2
GAHC010151972022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2174/2022
RADHESHYAM BISWAS @ RAJESH BISWAS
S/O LATE SARBESWAR BISWAS
R/O LAKHICHARAN ROAD,
WARD NO. 5,
P.O., P.S. AND DIST. KARIMGANJ
VERSUS
THE STATE OF ASSAM
TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 24.08.2022 Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. J.M. Sulaiman, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned APP appearing for the State.
Apprehending arrest in connection with karimganj P.S. Case No. Page No.# 2/2 366/2022 under sections 323/354/376/511 IPC, the petitioner has filed this application under section 438 Cr.P.C.
The learned APP has produced the case diary and opposed the prayer for bail on the ground that as per the statement of the victim, the petitioner had attempted to molest her and accordingly, she had caused injury to the informant.
It appears from the forwarding report dated 31.05.2022 in connection with Karimganj P.S. Case No. 364/2022, wherein the informant in this case was arrested, that the informant had caused grievous injury to the petitioner on his neck by sharp weapon which was so serious that arrangements had to be made for recording dying declaration of the petitioner. Thus, the present FIR appears to be a counter-blast to Karimganj P.S. Case No. 364/2022. Accordingly, the Court is of the considered opinion that custodial interrogation of the petitioner, namely, Radheshyam Biswas @ Rajesh Biswas may not be required.
Hence, the Court is inclined to make the interim pre-arrest bail order dated 05.08.2022 absolute on the same terms. In addition, the petitioner shall once again appear before the I/O within 10 (ten) days from today.
Application stands disposed of.
Case diary is returned.
JUDGE Comparing Assistant