ASSURANCE RAIKHAN Vs. OFFICER IN CHARGE, WPS-UKL

JUDGEMENT

(1.) Heard Mr. L. Sevananda, learned counsel appearing for the petitioner, Mr. Samarjit Hawaibam, learned senior counsel appearing for the State and Ms. H. Bisheshwari, learned counsel appearing for the respondent No. 2.

(2.) Brief facts of the present case are that the private respondent (respondent No. 2) made OE/written report on 12/7/2019 to the Officer-in-Charge, Women Police Station, Ukhrul alleging that the present petitioner raped her on 28/10/2017 in Ngashan Inn (Lodge) located at Hamleikhong, Ukhrul Head Quarter during a trip of film shooting wherein, the private respondent acted as leading female role and the petitioner was the producer and director of the film. On the day of committing the incident, the petitioner booked rooms at one, Tip Top Hotel located near Viewland Baptist Church for all crew members except the private respondent and the cameraman at Ngashan Inn.

(3.) On the basis of the written report, the officer-in-charge, /respondent No. 1 registered an FIR against the petitioner being FIR No. 1(7) 19 WPS/UKL U/s 376/506 IPC dtd. 12/7/2019 and he was arrested by the Investigating Officer (I.O.) of the case. After producing the petitioner before the Ld. Chief Judicial Magistrate, Ukhrul on 19/7/2019 for further remand, he moved a bail application being CRIL. (B) No. 9 of 2019 objecting the remand prayer of the I.O. of the case and the Ld. CJM, Ukhrul allowed the petitioner and enlarged on bail on 19/7/2019 (Annexure - A/3). Operative portion of the said order is extracted herein below: