Gauhati High Court
Nitai Chandra Roy @ Nitai Chandra Ray vs The State Of Assam on 24 May, 2023
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010106882023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1752/2023
NITAI CHANDRA ROY @ NITAI CHANDRA RAY
S/O RAMESH CH. ROY R/O VILL. SALBARI P.S. FAKIRGRAM DIST.
KOKRAJHAR ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 24.05.2023 Heard Mr. A. Chaudhury, learned counsel appearing for the accused petitioner as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent No. 1 and Mr. N. K. Phukan, learned counsel for the respondent No. 2/informant.
Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Nitai Ch. Roy @ Nitai Chandra Ray, has prayed for grant of bail in connection with Fakiragram P.S. Case No.50/2023 under Sections 376/313/354C/420 of the IPC, r/w Section 67(A) of the IT Act and Section 4 of Dowry Prohibition Act.
The case diary, as called for, is placed before the Court.
The accused petitioner has been in judicial custody since 09.05.2023, i.e. for 15 days.
The matter relates to breach of promise of marriage by the present petitioner with the informant/victim, aged about 32 years, after prolonged love relation.
On perusal of the case diary, it appears that the accused had physical relation with the victim against her will and he terminated her pregnancy by administering tablets. Further, it is seen that the victim, in her statements recorded under Section 161 and 164 Cr.P.C., has implicated the petitioner with the alleged offences.
However, having considered the facts and circumstances as emerged from the case diary, this Court is of the considered opinion that further continuation of detention of the accused, in the interest of investigation, is not warranted.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned C.J.M., Kokrajhar subject to the following conditions-
i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and
ii) That the accused 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 the Police Officer or the Court; and Page No.# 3/3
iii) That the accused petitioner shall refrain from committing any similar offences in future, of which he is suspected of commission.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant