Taiz Uddin v. The State of Assam and Anr

ORDER

04.03.2024 Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Mr. K. Das, learned Addl. P.P, Assam. This is an application under Section 438 of Cr.PC, 1973 praying for granting of pre-arrest bail to the petitioner in connection with Kalgachia P.S Case No. 849/2017 under Sections 376/506 IPC. The facts of the case is that the informant by lodging an FIR dated

28.12.2017 alleged that on 24.12.2017, when she went to the house of the accused who is the father-in-law, she was forcefully caught from backside and by gagging her mouth with cloths, he committed sexual intercourse against her will. Accordingly, a case was registered. Apprehending arrest, the present anticipatory bail application has been filed. Mr. S. Ali, learned counsel for the petitioner submits that there are serious contradictions in the version of the informant in her FIR and in her statement under Sectio 161 Cr.PC and also in the Medical report. Mr. K. Das, learned Addl. P.P strondly opposes the prayer of pre-arrest bail. He submits that the informant through her statement recorded under Section 164 Cr.PC fully corroborates the statement made in the FIR. I have heard the submissions made at the bar and have perused the materials available on record. Page No.# 3/3 It appears from the statement of the informant given under Section 164 of the Cr.PC that she has clearly implicated the accused petitioner for committing sexual intercourse against her will. It further appears that her statement in 164 Cr.PC fully corroborate with her earlier version given in the FIR dated

28.12.2017. Considering the gravity of the offence, this Court is of the considered view that this is not a case for granting pre-arrest bail. Accordingly, the prayer for pre-arrest bail stands rejected.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010019232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/246/2024o TAIZoUDDINo S/O-oLATEoKHURSHEDoALI,oRESIDENToOFoVILLAGE-oSHARIATPUR,o MOUZA-oTITAPANI,oP.S.oKALGACHIA,oDISTRICT-oBARPETA,oASSAM,oPIN-o 781319 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoPUBLICoPROSECUTOR,oASSAM 2:AKLIMAoKHATUN oD/O-oNURoMAHAMMAD oWIFEoOFoDELWARoHUSSAIN oRESIDENToOFoVILLAGE-oSHARIATPUR oMOUZA-oTITAPANI oP.S.oKALGACHIA oDISTRICT-oBARPETA oASSAM oPIN-o78131o AdvocateoforotheoPetitionerooooo:oMR.oSoAlio AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI