LAWS(GAU)-2022-2-37

DWIJEN BAISHYA Vs. STATE OF ASSAM

Decided On February 03, 2022
Dwijen Baishya Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. B. Chowdhury, learned counsel for the petitioner and Mr. R.J. Baruah, 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 Dwijen Baishya has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Nalbari Police Station Case no. 556/2021, registered under Ss. 376/511/354B/326, Indian Penal Code [IPC].

(3.) In the First Information Report [FIR], registered on 3/10/2021, the informant has alleged that the petitioner had made an attempt to commit rape upon her in the night intervening 2/10/2021 and 3/10/2021 by grabbing her and by making her to fall on the ground. When she raised hue and cry, the petitioner had fled away from the house of the informant. It has also been alleged that immediately thereafter, the petitioner had assaulted the brother-inlaw of the informant.