GARAN BALA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) On the basis of complaint lodged by the prosecutrix, police registered FIR No.2017/KHW PS/070 dtd. 22/7/2017 at Police Station Khowai under Ss. 417/376/323 IPC. It is not in dispute that at this point of time, investigation is complete and nothing is required to be recovered from the accused applicant. It is also not in dispute that during the investigation, the accused fully cooperated, which led to the filing of the challan and the trial Court, after taking cognizance thereupon, has fixed the schedule for trial/examination of witnesses. Given a thoughtful consideration to the attending facts and circumstances and more specifically when the consenting parties are adults and that no fruitful purpose would be served by keeping the accused behind the bars, this Court is of the considered view that interest of justice would be best met if the accused is enlarged on bail.

(2.) The accused has no past record or history of criminal conduct. Also at this point of time, there is no apprehension that in any manner, he is likely to intimidate threat or interfere or implead the course of justice or trial. Without going into the merits of the matter or the veracity of the contents of the complaint, this Court only notices that the allegation of sexual assault is on the pretext of false marriage. Whether the consenting parties were in love with each other or whether the prosecutrix was subjected to sexual assault, on the pretext of false marriage is a matter for the trial Court to determine during the course of trial. However, considering the overall facts and circumstances, having given thoughtful consideration, this Court finds the accused to have made out the ground for release on bail. Ordered accordingly.

(3.) This, however, shall be subject to the accused fulfilling the following conditions:-