Prafulla Hajong vs State Of Assam

Because of COVID Pandemic situation, the Court proceedings are conducted through Video Conferencing.

Heard Mr. J. Sarmah, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

This anticipatory bail application under Section 438 Cr.P.C., has been filed by the petitioner, namely, Sri Prafulla Hajong apprehending arrest in

connection with Goalpara P.S. Case No. 366/2021 under Sections 419/376/506 of IPC.

The learned counsel for the petitioner submits that the informant has misinterpreted his intention and in fact he is willing to get married to the

informant. However, because of the present COVID Pandemic situation, some difficulties had arisen within his family including the death of his father

in the year 2019 and, therefore, there was some delay in getting married to the informant as promised. However, there is no intention to mislead or

refuse to marry the informant as alleged in the FIR. The learned counsel for the petitioner has also referred to the statement made in the petition to

submit that an agreement for marriage has already been entered into by and between the petitioner and the informant and he stands by his

commitment made in the said agreement. The learned counsel for the petitioner further submits that in view of his intention and commitment as stated

in the agreement that was entered into by and between the petitioner and the informant and reference of which is made in the FIR, the ingredients of

Section 376 alleged to have been committed by the petitioner are not at all made out. He, therefore, submits that the petitioner be granted the benefit

of anticipatory bail as prayed for.

The learned Additional Public Prosecutor submits that case diary be called for at this stage.

Having heard the learned counsel for the parties.

Let the case diary be called for in connection with the aforesaid case. In the meantime, if the petitioner is arrested in connection with Goalpara P.S.

Case No. 366/2021 under Sections 419/376/506 of IPC, the petitioner shall be released on interim bail upon furnishing a bail bond of Rs.15,000/-

(Rupees Fifteen Thousand Only) with one local surety of like amount to the satisfaction of the Arresting Authority. The interim bail granted shall,

however, be subject to the following conditions:-

That the petitioner shall make himself available before the investigating officer within 7(seven) days from today and co-operate with the

investigation;

That the petitioner shall not hamper with the investigation or tamper with any evidence of the case;

That the petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to the Court or to any police officer; and

That the petitioner shall not leave the territorial jurisdiction of the Goalpara Police Station, without obtaining prior written permission from the

concerned Investigating Officer of the case.

If any of the above conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the interim bail

granted to the petitioner.

List this matter again on 6th August, 2021.