Gauhati High Court
Prabal Pratim Laskar vs The State Of Assam on 11 October, 2023
Page No.# 1/3
GAHC010196922023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3130/2023
PRABAL PRATIM LASKAR
S/O SRI PRABHAT LASKAR
VILL- KAMPUR MAZGAON
P.S. KAMPUR
DIST. NAGAON, ASSAM
T/A RAJMAHAL BORO PATH,
P.S. FATASIL AMBARI
DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. H C SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
11.10.2023 Heard Mr. HC Sarma, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, Assam.
Page No.# 2/3 This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Prabal Pratim Laskar, who is charge-sheeted as accused in Session Case No. 107/2023 under Section 366/371 IPC and he has been behind the bar since 26.04.023.
Perused the scanned copy of the statement of the victim girl as well as her statement recorded under Section 164 Cr.P.C. From perusal of the 164 Cr.P.C. statement, it is seen that she has basically made allegation against other accused and not against the present accused and similar is the situation so far relating to her statement made before the learned trial court. No allegation of having physical intercourse with the victim by the present petitioner is made.
Learned Additional Public prosecutor for the state has seriously opposed the application and prayed for its rejection.
Considering the material available on record and also considering the fact that the victim has already been examined, though some cross-examination still remains to be done, the present bail application stands allowed.
Accordingly, it is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned Additional Sessions Judge No. 4 (FTC), Kamrup (M) with the following conditions.
(1) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case, (2) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing Page No.# 3/3 such facts to the Court or to any police officer, (3) The petitioner shall not make any contact to the victim by any means, (4) The petitioner shall appear before the I/O on each and every date as and when called for.
While parting with the record it is made clear that the observation made by this court in the present case is only for the purpose of granting the bail to the petitioner and shall not be treated as comment on merit of the case.
JUDGE Comparing Assistant