Naren Teli v. The State of Assam

ORDER

20.09.2024 Heard learned counsel, Mr R De, for the petitioner, Naren Teli, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Kakotibari PS Case No. 12/2024, registered under Sections 75/76/329(4)/115(2) of the BNS, 2023.

¶2Heard Mr R R Kaushik, learned Additional Public Prosecutor, Assam for the Page No.# 2/3 respondent State.

¶3I have considered the submissions at the Bar

¶4It is submitted on behalf of the petitioner that the allegation is that on 15.08.2024, at about 10:30 am, the petitioner committed sexual assault on the victim and disrobed her and also outraged her modesty. It is submitted that it is not possible that at the peak hours, at around 10:30 am, a person will commit such an offence in a busy area as the informant's house is on the roadside.

¶5It is submitted that a false case has been brought up against the petitioner to wreak vengeance as Annexure-2 of the petition clearly reveals that a gift deed was executed by the informant's father in favour of the petitioner's wife. The petitioner's wife is the sister of the informant. As the gift deed was not executed in favour of the informant, a false case has been brought up against the petitioner.

¶6I have also scrutinized the Case Diary.

¶7It appears that anticipatory bail may be granted to the petitioner.

¶8The merits of this case are not brought to the fore as investigation is still under progress. It appears that custodial interrogation may not be required for the progress of investigation.

¶9Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Page No.# 3/3 Thousand Only), with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that:

i) the petitioner shall appear before the IO within one week and cooperate with the investigation,

ii) the petitioner shall appear before the IO on every fortnight, till completion of investigation,

iii) the petitioner shall not exercise threats to the witnesses and maintain peace, and

iv) the petitioner shall not leave the jurisdiction of the Court, without prior permission.

9.1. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010185952024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2401/2024 NAREN TELI S/O LATE HARINARAYAN TELI R/O VILL- RONGABAM CHARIALI P.O. POHUCHUNGI PATHAR, P.S. KAKOTIBARI, DIST. CHARAIDEO, ASSAM, PIN CODE- 785691 VERSUS THE STATE OF ASSAM TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R DE, MR. P TELI,MR H DAS,MR. M K SARMA Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND