Rup Kumar Das v. The State of Assam

ORDER

20.04.2024

Heard Mr. T. Deuri, the learned counsel for the petitioner and Mr. D. Das, the learned Additional Public Prosecutor for the State respondent.

¶2This is an application filed under Section 438 of the Cr.P.C. by the accused petitioner, namely, Rup Kumar Das praying for anticipatory bail in Page No.# 2/3 connection with PRC Case No.1482/2022, registered under Sections 120B/376/511/506 of the IPC.

¶3It is submitted by Mr. T. Deuri, the learned counsel for the petitioner that with some false and concocted allegation, the FIR was lodged against the accused petitioner. However, during the enquiry of the said case, police never searched for him nor enquired about him though his tea stall is near to the police station. However, the learned counsel for the petitioner submitted that the accused petitioner came to know about the present case only after receiving of the summons issued by the learned Trial Court. Accordingly, the accused petitioner appeared before the Trial Court through his engaged counsel and prayed time for his physical appearance, but as the case is registered under Section 376 IPC, he has the apprehension of being arrested if he appears before the learned committal Court below, and as such, the present pre-arrest bail application has been filed seeking the privilege of pre-arrest bail. The learned counsel for the petitioner submitted that the accused petitioner is ready and willing to appear before the Trial Court, if he is granted the privilege of pre-arrest bail

¶4Mr. D. Das, the learned Additional Public Prosecutor for the State respondent submitted that the accused petitioner may be directed to appear before the learned Trial Court with the appropriate application for bail and that the accused petitioner is not entitled to the privilege of pre-arrest bail as the case is pending since last 3 years due to non-appearance of the accused petitioner.

¶5Considering the submission made by the learned counsel from both sides and also considering the all aspect of the case, I find it proper to direct the present accused petitioner to appear before the learned Court below with Page No.# 3/3 an appropriate application for bail and in the event of filing such application for bail, the learned Court below shall consider the same in accordance with law.

¶6This Court further directs that as an interim protection, no coercive action shall be taken against the accused petitioner within 10 (ten) days from the date of the instant order and the NBWA issued against the present accused petitioner is stayed, if any.

¶7With the above discussion, the instant application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010079792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1024/2024 RUP KUMAR DAS S/O LATE NANI GOPAL DAS, RESIDENT OF RANI PUKHURI WARD NO. 4, PO BHALUKMARI, PS LANKA,DIST HOJAI, ASSAM 782446 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA