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2019 DIGILAW 549 (GAU)

Rashid Ali Akond v. State of Assam

2019-05-06

HITESH KUMAR SARMA

body2019
JUDGMENT : 1. This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioner, namely, Rashid Ali Akond, in connection with Agomoni PS Case No. 106/2018 under Section 376 IPC. 2. Heard Mr. M.U. Mondal, learned counsel for the petitioner as well as Mr. N.K. Kalita, learned Additional Public Prosecutor for the state respondent. 3. Case diary produced has been perused. 4. This is the 2nd pre-arrest bail of the petitioner. His such first application was rejected on 1.8.2018 in AB 1780/2018. 5. The petitioner before this court is one Rashid Ali Akond. But, in the statement of the victim, under Section 164 Cr.PC, she has stated that one Rakmat Ali had committed rape on her. But, in her statement under Section 161 Cr.PC she has stated that this Rakmat Ali @ Rashid Ali Akond, committed rape on her. It appears from the materials in the case diary as well as from the note of the investigating officer this Rakmat Ali and @ Rashid Ali Akond is one and the same person. In her statement under Section 164 Cr.PC she has categorically implicated the petitioner of committing rape on her person in their cowshed. Earlier also, prayer for pre-arrest bail of the petitioner was rejected on the basis of such statement of the victim. 6. The materials in the case diary remaining the same, this court is not inclined to grant the privilege of pre-arrest bail to the petitioner, and accordingly, his prayer is rejected. The petition stands disposed of. Return the case diary.