RAJKUMAR GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Munir, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

(2.) By this application under Sec. 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Sri Rajkumar Goswami has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Rangia Police Station Case no. 613/2021 registered for offence under Ss. 376/341/354, Indian Penal Code (IPC) which later on, has been registered as Kamalpur Police Station Case No. 127/2021.

(3.) In the First Information Report (FIR) lodged on 26/7/2021, the informant had mentioned the petitioner is a brother-in-law by relation. In the FIR, the informant has, inter-alia, alleged that at around 10-00 p.m. on 14/6/2021, the petitioner had forcefully taken her from her house on his motorcycle in the absence of her husband in the house, to a Dhaba near Puthimari and there, forcefully committed sexual act with her. Thereafter, the petitioner had left her at a nearby place. She has also referred to an incident of 17/6/2021 by alleging that on that day also, the petitioner grabbed her and when the informant's husband saw it, the petitioner fled from the scene by leaving the keys of his motorcycle at the place of occurrence.