Md Manik Mandal @ Manik Mandal Sheikh v. The State of Assam

ORDER Date : 24-07-2024

Heard Mr. M.U. Ahmed, learned counsel for the petitioner Md. Manik Mandal @ Manik Mandal Sheikh.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending Page No.# 2/2 arrest in connection with Bongaigaon Police Station Case No. 208/2024 under Sections 341/376/511/354-D/307/325 of the Indian Penal Code, 1860.

¶3Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The allegation against the petitioner is that the petitioner attempted to commit rape on the victim and outraged her modesty. The petitioner also assaulted the victim with a bamboo lathi.

¶5The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. The victim has sustained injuries inflicted by the lathi. The victim has also sustained injuries on different parts of her body which is similar to the assault described by the informant in the FIR.

¶6I have also scrutinized the Case Diary and the statement of the victim under Section 164 of the CrPC as well as the medico-legal report. At this juncture, the merits of this case are not brought to the fore.

¶7However considering all aspects, I am not inclined to grant anticipatory bail to the petitioner. Petition is rejected at this stage.

¶8Send back the case Diary.

¶9Matter stands closed. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010138852024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1799/2024 MD MANIK MANDAL @ MANIK MANDAL SHEIKH S/O LATE KEFATULLA SHEIKH, R/O VILL- PASCHIM VADRAGAON, P.O.- BIDYAPUR, P.S. AND DIST- BONGAIGAON, ASSAM, PIN-783372 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M U AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND