Gupeswar Gogoi v. The State of Assam and Anr

PageoNo.#o1/2 GAHC010164102024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2191/2024o GUPESWARoGOGOIo S/OoAMRIToGOGOIo R/OoDHULIAoHABIoGAONo P.S.oSIVASAGAR,o DIST.oSIVASAGAR,oASSAMo PIN-o785640 VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:PAPIYAoDUTTAo(INFORMANT) oD/OoLATEoDHIRENoDUTTAo R/OoSEWALIoPATHoHATIGAON oGUWAHATI oKAMRUPo(M) oASSAM oPIN-78103o AdvocateoforotheoPetitionerooooo:oMR.oAoBHATTACHARYYA,o AdvocateoforotheoRespondento:oPP,oASSAM,oMRoIoAoHAZARIKAo(R-2),MR.oMoHUSSAIN(R-2)oo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Dateo:oo16-09-2024 Heard 1 Mr. 1 A. 1 Bhattacharyya, 1 learned 1 counsel 1 for 1 the 1 petitioner 1 Sri Page No.# 2/2 Gupeswar Gogoi, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with All Women Police Station Case No. 41/2024 under Sections 354A(1)(i)/354A(1)(ii)/354-D/509 of the Indian Penal Code, 1860.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State and Mr. M. Hussain, learned counsel for the respondent No. 2.

¶3The respondents have raised serious objection against the petition with prayer for bail. It is submitted by the learned Additional Public Prosecutor that there are incriminating materials in the Case Diary against the petitioner.

¶4The allegation against the petitioner is that the petitioner who is the boyfriend of the victim's mother had committed sexual assault on the victim.

¶5I have scrutinized the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner. The allegations are of grave nature. At this juncture there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner.

¶6Petition is rejected at this stage.

¶7In terms of the above observations, this Anticipatory Bail application stands disposed of.

¶8Send back the Case Diary.

JUDGE Comparing Assistant