Manish Bhadra v. The State of Assam

ORDER

06.08.2024

Heard Mr. P Sharmah, learned counsel for the petitioner as well as Mr. K K Porasor, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 BNSS, 2023 for grant of bail to one Sri Manish Bhadra, who was arrested in connection with Sorbhog P.S. Case No. 93/2024 registered under sections 376(1)/323 of the Indian Penal Code. Page No.# 2/2 I have gone through the FIR. The informant, who is a 22 years old girl, had love affairs with the accused person. They lived together in different places and had physical relationship for multiple times. The informant has claimed that every time the accused person had committed sexual intercourse forcibly with her. On 28.06.2024, when the accused dropped the informant in front of her house after travelling in a scooty, the informant shouted and the neighbours handed over the accused to the Police. Mr. Porasor has objected to this bail petition on the ground that the informant has claimed that she was forcefully harassed by the accused. I have considered the submission made by the learned counsel of both sides. This court is of the opinion that the accused person does not deserved to be detained in custody for further period of time under the given circumstances. Hence, the prayer for bail is allowed.

Accordingly, Sri Manish Bhadra, who was arrested in connection with Sorbhog P.S. Case No. 93/2024 registered under sections 376(1)/323 of the Indian Penal Code, shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta. The bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010154712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2258/2024 MANISH BHADRA S/O RAJKUMAR BHADRA, R/O VILL- JHAKILPAR, P.S.-BAKSA, DIST- GOBARDHANA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR P SHARMAH, MR R CHETRY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA