BIJIT GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel for the petitioner and Ms. A. Begum, learned Additional Public Prosecutor for respondent, State of Assam. This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioner viz. Sri Bijit Goswami, apprehending his arrest, in connection with Gohpur Police Station Case no. 12/2020, registered under Sections 498(A)/324/494, Indian Penal Code (IPC).

(2.) The informant is the wife of the petitioner. In the First Information Report (FIR) lodged on 03.01.2020, the informant has, inter alia, alleged that the petitioner maintained relation with his sister-in-law (sister of the informant) with an intention to marry her and on her protest, she made a cut on her left hand by a blade whereas, according to the petitioner, it was the informant herself, who as a mark of protest to the aforesaid affair, had inflicted the injury on her own. It is submitted by the learned counsel for the petitioner that the petitioner and the informant (wife) are still residing together. It is further submitted that pursuant to the interim order dated 28.01.2020, the petitioner appeared before the Investigating Officer (I.O.) of the case for interrogation and he had cooperated with the investigation. Ms. Begum, learned Additional Public Prosecutor, has submitted that the I.O. of the case, after completion of investigation, has submitted a charge sheet being Charge Sheet no. 26/2020 dated 31.01.2020 in the meantime.

(3.) Having considered the above fact situation, the interim protection granted to the petitioner by order dated 28.01.2020 is hereby made absolute, subject to the following conditions :