Mintu Bora @ Mintu Borah v. The State of Assam

ORDER

25.06.2024

¶1Heard learned counsel Mr. R. Ali for the petitioner Mintu Bora.

¶2This application has been filed by the petitioner under Section 439 of the Cr.PC with prayer for bail as he is behind bars since 14.06.2024 in connection Page No.# 2/3 with Gahpur P. S. Case No. 86/2024 under Sections 406/493/420 of the IPC.

¶3Heard Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that he had borrowed an amount of Rs. 3 lacs from the informant to start his business. When the informant asked the petitioner to return the loan, the petitioner lured the informant to marry him and accordingly on 03.06.2024, the petitioner took the informant to his house and forcefully committed sexual intercourse and then he took the informant in his car to Hawajan Road and abandoned her.

¶5It is submitted on behalf of the petitioner that the informant is a widow with a college going son and has no sufficient source of income and she has purchased articles from the petitioner's shop on credit and a false case has been slammed against him.

¶6I have considered the submissions at the Bar with circumspection.

¶7It is submitted on behalf of the petitioner that there are no specific allegations in the FIR against the petitioner and thus no case under Section 406/420/493 of the IPC is made out against the petitioner.

¶8Learned Additional Public Prosecutor has raised serious objection stating that to consider the bail petition, Case Diary is necessary.

¶9I have considered the length of detention. I have also considered the submissions on behalf of the petitioner that the petitioner is willing to co-operate with the investigation. The petitioner is a local resident and is not a flight risk. It appears that bail may be granted to the petitioner.

¶10In view of my foregoing discussions, petition is allowed.

¶11The petitioner is enlarged on bail of Rs.50,000/- (Rs. Fifty Thousand), with a suitable surety of like amount to the satisfaction of the SDJM (M), Gahpur under Page No.# 3/3 the conditions that;

(i) the petitioner shall not exercise threats to the witnesses and try to influence them, and

(ii) the petitioner shall not leave the jurisdiction of the Court without prior permission. On breach of nay of the bail conditions, bail order shall stand cancelled.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010125602024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1817/2024 MINTU BORA @ MINTU BORAH S/O SRI DINARAM BORAH @ DINORAM BORAH, VILL- DUBIA KUMARKATA P.S. GAHPUR, DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD. R ALI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND