Gauhati High Court
Abdur Rahman @ Rahim Ali vs The State Of Assam on 10 September, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010096072021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1749/2021
ABDUR RAHMAN @ RAHIM ALI
S/O EACHAHAK ALI, R/O VILL-BARABILA PART-I, P.S.-DHUBRI, DIST-
DHUBRI, ASSAM, PIN-783301
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H ROHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
10.09.2021 Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, 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 Page No.# 2/3 pre-arrest bail to the petitioner, namely Abdur Rahman @Rahim Ali apprehending arrest in connection with Dhubri P.S. Case No. 650/2021 u/ss 354A/457/376/511/34 of the IPC.
The Case diary, as called for, is placed before the Court.
On perusal of the statements of the victim girl recorded u/s 161 and 164 Cr.P.C., it appears that she is aged about 23 years and had developed love relationship with the petitioner and pursuant thereto, the petitioner established physical relationship with her. On 17.04.2021 at about 10.30 p.m., the petitioner went to her house and attempted to commit rape on her by disrobing. In this connection, a village bichar was held where the petitioner promised to marry her, but he did not keep his promise subsequently. The victim girl has refused to subject herself to medical examination.
In view of the above statement of the victim girl, this Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.
Accordingly, 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/- (Rupees Twenty Thousand) 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, 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 Page No.# 3/3 the Court or to any police officer; and
(iii) That the petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE Comparing Assistant