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2020 DIGILAW 258 (GAU)

Rashik Sk v. State Of Assam

2020-02-24

RUMI KUMARI PHUKAN

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JUDGMENT 1. By filing this petition under Section 438 of the CrPC , petitioner, namely, Rashik Sk has sought for pre-arrest bail in connection with Sukchar PS Case No. 124/2015 (corresponding GR No.3942/2015) under Sections 447/448/376/323/506 IPC. 2. Heard learned counsel for both sides and perused the record. 3. The accused petitioner is named in the FIR and the allegation of commission of rape. The case has been ended at charge-sheet and accused petitioner has shown as absconder and as the Court has issued warrant of arrest against him after service of notice against the accused person, he has approached this Court. 4. Obviously, the offence is serious in nature. The accused is named in the FIR as well as shown absconder with the offence alleged. 5. In the decision rendered in the case of State of Madhya Pradesh Vs Pradeep Sharma reported in (2014) 2 SCC 171 , it has been held that in an offence session triable, where the accused persons has been shown absconder and there is prima facie evidence against the accused petitioner, pre-arrest bail should not be granted. 6. In view of the findings as indicated above, this Court is not inclined to grant privilege of pre-arrest bail and the same is rejected with a direction to appear before the learned trial Court within a period of two weeks and the learned trial Court may decide the matter in accordance with law. 7. Anticipatory bail application stands disposed of.