Gauhati High Court
Radheshyam Biswas @ Rajesh Biswas vs The State Of Assam on 5 August, 2022
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/4
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 : --
Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. M.A. Choudhury, learned counsel for the petitioner and also heard Mr. D.P. Goswami, learned APP appearing for the State.
Apprehending arrest in connection with Karimganj P.S. Case No.366/2022, Page No.# 2/4 under sections 323/354/376/511 of IPC, this application is preferred under section 438 Cr.P.C. by the petitioner, namely, Radheshyam Biswas @ Rajesh Biswas for granting him pre-arrest bail.
The learned senior counsel for the petitioner has referred to the F.I.R. dated 30.05.2022 by the brother of the petitioner which was registered as Karimganj P.S. Case No. 364/22, under sections 326/307 of IPC, wherein, it is alleged that while the petitioner was returning from Suprakandi market in his bike, then one lady, Priya Nath had sought for lift. The petitioner on good faith agreed upon it and taking advantage of the situation said Priya Nath had assaulted the petitioner and inflicted a cut on the neck and had cut the entire face of the petitioner with a blade, causing grievous injuries to him and he was hospitalized in a serious condition.
The allegations in the F.I.R. is reiterated in the forwarding note of Priya Nath dated 31.05.2022, who was arrested in connection to Karimganj P.S. Case No. 364/2022 wherein, it is observed that owing to the condition of the petitioner, the Superintendent of SMCH, Cachar was requested to arrange for recording of the dying declaration of the petitioner.
Thereafter, the father of the said Priya Nath accused in Karimganj P.S. Case No. 364/2022 had lodged an F.I.R. with Karimganj P.S., alleging that on 30.05.2022, the petitioner has made an attempt to outrage the modesty of his daughter and that she was rescued and handed over to the Karimganj Police Station and the said subsequent case was registered as Karimganj P.S. Case No. 366/2022.
The learned APP has opposed the prayer on the ground that the present case is registered under the provisions of section 354/376 of IPC.
Page No.# 3/4 Call for the case diaries of both the cases i.e Karimganj P.S. Case No. 366/2022 and Karimganj P.S. Case No. 364/2022, to be produced on 24.08.2022, with injury report, if any.
Considering the incidents as recorded in the forwarding report dated 31.05.2022 on arrest of Priya Nath, in connection with Karimganj P.S. Case No. 364/2022, the Court is inclined to grant interim pre-arrest bail to the present petitioner in connection with Karimganj P.S. Case No.366/2022, under sections 323/354/376/511 of IPC, by providing that in the event of his arrest in the said case the petitioner namely, Radheshyam Biswas @ Rajesh Biswas shall be released on interim bail on furnishing a bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one suitable surety of like amount to the satisfaction of the arresting authority.
The interim pre-arrest bail is granted on the following conditions:
1. That the petitioner shall appear before the I.O within a period of 7 days from today. In event of failure to comply with this condition, the pre-arrest bail would stand automatically revoked.
2. That the petitioner shall make himself available to the police or any other investigating agency or Court in the as and when required.
3. That 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 him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
4. That the petitioner shall not obstruct the smooth progress of the Page No.# 4/4 investigation/trial.
5. That the petitioner shall not misuse his liberty in any manner.
6. That the petitioner shall not jump over the bail.
List the matter on 24.08.2022.
JUDGE Comparing Assistant