Sombaru Ray v. The State of Assam

ORDER

05.03.2024 Heard Mr. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. P.P, Assam. This is 2nd application under Section 438 of Cr.PC, 1973 seeking to grant Page No.# 2/2 pre-arrest bail to the petitioner, namely Sh. Sombaru Ray, who is apprehending arrest in connection with Gauripur P.S Case No. 464/2023 registered under Section 376 of IPC. The anticipatory bail application of the petitioner was earlier rejected by this Court by Order dated 22.01.2024. Mr. K.K. Das, learned Addl. P.P submits that the medical report, which is available in the Case Diary now, does not indicate recent sexual intercourse and no injury detected in the private parts. I have heard the submissions made at the bar and have perused the materials available on record.s It appears that the medical examination of the victim was done on

24.11.2023, i.e, after about 2 months from the date of the incident. Hence, non disclosure of recent sexual intercourse and/or injury in the private parts of the victim during medical examination is of no relevance. Be that as it may, there is no change in circumstances. As such, the application for anticipatory bail stands rejected. The 2nd anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010023902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/297/2024 SOMBARU RAY R/O VILL- DARCHUKA PART-I, P.S. GAURIPUR DIST. DHUBRI, ASSAM PIN-783331 VERSUS THE STATE OF ASSAM REP BY THE A.P.P., ASSAM Advocate for the Petitioner : MR K BHUYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI