Sri Amrit Adhikari v. The State of Assam

ORDER 17-12-2024 Heard Mr. A A R Karim, learned counsel for the petitioner. Also heard Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under section 482 BNSS, 2023, the petitioner, namely, Sri. Amrit Adhikari, son of Anil Adhikari, resident of village-Kaldoba Pt-I, P.S.-Agomani, District-Dhubri has prayed for his pre-arrest bail in Kachugaon Police Station Case No. 15/2024 registered under Sections 354(A)/354(C)/506/ IPC read with Section 66E/67A of the IT Act, corresponding to G.R. No. 140/2024.

¶3As per the FIR dated 21.07.2024 lodged before the Officer-in-Charge of Kachugaon Police Station by the informant, the case is that about two years back the petitioner along with another forcefully took nude pictures of his daughter who is 18 years old now and 2-3 days back her such obscene pictures have been found available in Whatsapp. In the said FIR, it is also indicated that the other person already died long back in a bike accident.

¶4Accordingly, Kachugaon Police Station Case No. 15/2024 was registered under Sections 354(A)/354(C)/506/ IPC read with Section 66E/67A of the IT Act, corresponding to G.R. No. 140/2024.

¶5Mr. K K Parashar, learned APP, Assam has placed the relevant case diary before the Court.

¶6On perusal of the case diary, it is seen that the statement of the victim under Section 183 BNSS was recorded on 25.07.2024 by the learned Sub-Divisional Judicial Magistrate, Gossaigaon and in her statement before the learned Magistrate, the victim girl clearly implicated the petitioner who forcefully while trying to commit rape on her took such obscene photographs of her.

¶7Finding such incriminating materials in the case diary regarding the involvement of the Page No.# 3/3 petitioner in the alleged crime, this Court is of the view that this is not a fit case to grant pre-arrest bail to the petitioner, namely, Sri. Amrit Adhikari, son of Anil Adhikari, in said Kachugaon Police Station Case No. 15/2024, corresponding to G.R. No. 140/2024.

¶8Accordingly, this pre-arrest bail applicant stands rejected.

¶9Return the case diary herewith.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010234552024 2024:GAU-AS:12853 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2962/2024 SRI AMRIT ADHIKARI S/O ANIL ADHIKARI, R/O VILL- KALDOBA PART-I, P.O. AGOMANI, P.S. AGOMANI, DIST. DHUBRI, ASSAM PIN-783335 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : Ms. R. R. BORAH, MR. A A R KARIM,MS G.PURI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK