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2020 DIGILAW 367 (GAU)

Satrajeet Das v. State Of Assam

2020-03-11

MIR ALFAZ ALI

body2020
JUDGMENT 1. By this application u/s 438 Cr.P.C., the petitioners, namely, 1. Satrajeet Das, 2. Rajmohan Das & 3. Himani Das have prayed for pre-arrest bail apprehending arrest in connection with Salbari P.S. Case No. 150/2019 under Sections 366/354/376/323/506/34 IPC read with Section 4 of Dowry Prevention Act, 1961. 2. Heard Mr. N. Uddin, learned counsel for the petitioners and Mr. T.K. Mishra, learned Addl. Public Prosecutor for the State. Also perused the FIR and the documents annexed therewith as well as the case diary produced today. 3. Allegation against the petitioners was that the petitioner No. 1 committed rape on the informant and the petitioner No. 2 & 3, being his parents, aided the commission of the offence. 4. It is submitted by the learned counsel for the petitioners that the petitioner No. 1 and the victim got married under the Special Hindu Marriage Act and no occurrence, as alleged in the FIR, had taken place. 5. The petitioner No. 2, Rajmohan Das and petitioner No. 3, Himani Das were granted interim bail and in the meantime, they have been interrogated by police. 6. The materials in the case diary do not justify the necessity of custodial interrogation of the petitioners, and as such, the prayer for pre-arrest deserves to be allowed. Accordingly, the order dated 25.02.2020 granting interim bail to the petitioner No. 2, Rajmohan Das and petitioner No. 3, Himani Das is hereby made absolute on the same terms and conditions. 7. It is further provided that in the event of arrest of the petitioner No. 1, Satrajeet Das in connection with the aforementioned case, he shall be released on bail of Rs. 20,000/- with a solvent surety of like amount to the satisfaction to the arresting authority. This pre-arrest bail shall be subject to the following conditions :- i) The petitioner No. 1, Satrajeet Das shall appear before the investigating officer within 15 days and co-operate with the investigation. (ii) The petitioner No. 1, Satrajeet Das 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. Send down the case diary. AB stand disposed of.