SANKAR MODHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Section 438 of the Cr. P.C. praying for a direction for releasing the petitioner on bail, in the event of his arrest by the police in connection with the All Women P. S. Case No. 15/97 under Sections 376/417 of the I.P.C.

(2.) Mr. B. D. Das, learned Counsel for the petitioner submitted that the allegation containing in the FIR if it is taken on its face value did not disclose any offence under Section 376 of the IPC. According to Mr. Das at best the offences alleged can be an offence under Section 417 of the IPC which is a non-cognizable offence and bailable. Mr. Das in support of his contentions brought my attention to the decision of this Court in Maran Chandra Paul v. State of Tripura reported in 1997 Cri LJ 715. Mr. Das, the learned counsel for the petitioner further submitted that the accused is working for gain in the office of the Executive, Regional Office Pollution Control Board and in the event of his detention in the police custody in connection with Criminal offence would entail serious consequences in his service career. Mr. Das, learned Counsel also brought my attention to the order of this Court dated 2-5-97 wherein this Court granted interim bail that during the pendency of the bail application petitioner shall not be arrested.

(3.) Mr. N. Mahammad, learned PP produced the case diary before this Court.