Hirak Das v. The State of Assam

ORDER Date : 05.01.2024 Heard Mr. S.H.Sikdar, learned counsel for the petitioner. Also heard Mr.B.B.Gogoi, learned Additional Public Prosecutor for the State. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Hirak Das in connection with Nalbari P.S. Case No. 470/2023, registered under Section 376 of the IPC. Case diary is received. Page No.# 2/3 The allegation in the FIR reveals commission of rape on informant by the petitioner. The learned counsel for petitioner submits that the victim is a married lady and a false FIR has been lodged against him. Her mother did not support the case of the informant and as such, privilege of pre-arrest bail may be granted to the petitioner. Learned Addl.P.P. has produced the case diary and submits that the mother of victim did not support the case of informant i.e. the victim and there is doubt as regards the alleged offence. In view of above submissions and on perusal of case diary, this Courts finds that custodial interrogation of the petitioner is not required for the purpose of investigation of the case. Therefore, the petitioner may be granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with the aforementioned case, he shall be released on furnishing bail bond of Rs.20,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of. Return the case diary. JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010260972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3907/2023 HIRAK DAS S/O HARE KRISHNA DAS R/O DIHNIA, .P.O. AND P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S H SIKDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI