NIPAN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Uddin, learned counsel for the petitioner and Mr. T.K. Mishra, learned Additional Public Prosecutor for respondent, State of Assam.

(2.) This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioner viz. Sri Nipan Kalia, apprehending his arrest, in connection with Salbari Police Station Case no. 37/2020, registered under Sections 451/376/506, Indian Penal Code (IPC).

(3.) In the First Information Report (FIR) lodged by the informant, it has been mentioned that the petitioner is her relative. It has been alleged that the petitioner used to come to her house and send bad massages from her mobile phone to his mobile phone and thereafter, used to delete the same from her mobile phone. The informant has mentioned that she was not aware of such acts of the petitioner earlier. It is further stated that her husband, because of his employment elsewhere, does not stay with her and she stays with her ailing mother-in- law and her minor son. About 4 (four) months ago, the petitioner entered into the bedroom of her house when she was sleeping with her son and by brandishing a sharp weapon and threat, the petitioner had forcefully committed rape on her against her will. The petitioner has been threatening her since then.