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Pradip Biswas v. The State of Assam

Disposed Of
Court
High Court of Gauhati
Decided
6 August 2024
Bench
Parthivjyoti Saikiaauthor
Case no.
AB 1893/2024

Judgment

ORDER Date : 07.08.2024 Heard Mr. S.D. Roy, the learned counsel appearing for the petitioner as well as Mr. D. Das, the learned Additional P.P. for the State of Assam.

¶2This is an application under Section 482 (1) of the BNSS, 2023 praying for grant of anticipatory bail in respect of Mayong P.S. Case No. 111/2018. Page No.# 2/2

¶3On 03.10.2017, a 31 year old married lady went to watch a play with her sister. At about 10 P.M., they returned home on foot. On the way they found the present petitioner with a car. He proposed the woman to drop her in their house. Accordingly, they set in the car and on the way to home, at one place they stopped. The victim went to the nearby jungle to attend the call of nature. Suddenly, the petitioner grabbed her and committed rape on her. After returning home, she informed her husband also, but no FIR was filed. On 06.03.2018, i.e. after 5 months, the complaint case was filed alleging the aforesaid facts.

¶4Police filed the charge-sheet against the petitioner under Section 376 of the Indian Penal Code.

¶5This Court is of the opinion that at this stage, the petitioner does not deserve to be detained in custody. Therefore, his prayer for anticipatory bail is allowed.

¶6Whenever, the petitioner, Pradip Biswas appears before the trial court in response to the summons issued by the trial court, the petitioner shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned trial court.

¶7The anticipatory bail application stands disposed of. JUDGE Comparing Assistant

Case details

Parties and counsel

Page No.# 1/2 GAHC010143242024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1893/2024 PRADIP BISWAS S/O LATE RABEN BISWAS R/O VILL- KHOLONI, P.O. AND P.S. MAYONG, DIST. MORIGAON, ASSAM PIN- 782411 VERSUS THE STATE OF ASSAM REPRESENTED BY THE ASSISTANT/ADDITIONAL PP, ASSAM Advocate for the Petitioner : MR. S D ROY, B DAS,MS K DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

Source: High Court of Gauhati, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.