Rakesh Kalita v. The State of Assam

ORDER

30.05.2024 Heard Mr N Barman learned counsel for the petitioner, Sri Rakesh Kalita.

¶2The petitioner has filed this application under Section 439 CrPC, with prayer for bail as he is behind bars since 04.05.2024, in connection with Rangia PS Case No. 123/2024, registered under Sections 376/493 of the Indian Penal Code, 1860.

¶3Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2

¶4I have considered the submissions at the Bar with circumspection.

¶5I have considered the submission that the victim had a love affair with the petitioner.

¶6The allegation against the petitioner is that he induced the victim to have physical relationship with him on the pretext of marrying her, but later, the petitioner cheated the victim and did not marry her.

¶7It is submitted that this is not a case under Section 376 IPC, but a case of consensual relationship. The petitioner was already married and the victim was aware of the fact that the petitioner was married.

¶8I have considered the submission that the petitioner is behind bars for 27 days.

¶9Investigation may have presumably progressed to a considerable extent.

¶10The petitioner is a local resident and he has pledged to cooperate with the remaining part of the investigation.

¶11Considering the submissions at the Bar and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with one surety of the like amount to the satisfaction of the learned SDJM, Rangia Court, Kamrup.

¶12Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010105372024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1540/2024 RAKESH KALITA S/O LATE KAMINI MOHAN KALITA VILL- KARARA, P.S. BAIHATA CHARIALI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR N BARMAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND