Research › Search › Judgment

Gauhati High Court · body

2020 DIGILAW 372 (GAU)

Kalpajyoti Baruah v. State Of Assam

2020-03-12

RUMI KUMARI PHUKAN

body2020
JUDGMENT 1. By this application under Section 438 CrPC , petitioners, namely, 1) Kalpajyoti Baruah, 2) Manju Baruah, and 3) Bapu Ram Baruah, have sought for pre-arrest bail in the event of their arrest in connection with Hajo PS Case No. 1039/2019, under Sections 120 (B)/498 (A)/325/376/506 IPC. 2. Heard the learned counsel for both the sides. 3. Also perused the record and the Case Diary. 4. So far as the allegation of the informant is concerned, she has alleged that her brother-in- law/accused Deepak Kalita, committed rape upon her on several occasions and her husband and others also tortured her on the demand of dowry. The statement of the victim/informant has also been recorded by this time and she has stated all about the facts that the accused Deepak Kalita committed rape upon her in the month of November and earlier also, but it cannot be understood as to how such incident could happen in the presence of her husband. On the other hand, testimonies of all other witnesses are also cryptic as regards the demand of dowry etc. No any specific incidence/the manner/ time of any such incident is mentioned so as to attract the offence Under Section 498 A IPC. 5. Statement of the informant itself is contradictory and hence, not inspiring. The present petitioners are husband and in-laws of the informant. 6. In the given circumstances, it appears that custodial detention of the accused petitioners is not warranted. 7. Accordingly, the interim bail order dated 07.01.2020, is hereby made absolute. Anticipatory Bail Application stands disposed of. 8. Return the Case Diary.