Kalyan Rai Surana, J.:— Heard Mr. A. Dey, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State.
2. The petitioner, who was arrested on 24.06.2023, is seeking regular bail under section 439 Cr. P.C. in connection with Gohpur P.S. Case No. 115/2023, under sections 313/323/376/379 IPC.
3. The learned APP has opposed the prayer for bail on the ground that FIR discloses forceful abortion of the fetus of the victim lady.
4. From the contents of the FIR, it appears that when the victim girl was in her parental home, she was repeatedly sexually assaulted and she was pregnant and her pregnancy was aborted without her consent at Gohpur Civil Hospital. It does not appear that the victim had withdrawn her consent for abortion at Gohpur Civil Hospital. Therefore, as the relationship between the informant and the petitioner appears to be consensual, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary.
5. Hence, the Court is inclined to grant bail to the petitioner, namely, Arun Ch. Deep in connection with the aforesaid case on furnishing bail bond of Rs. 30,000/- with one suitable surety of like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate (M), Gohpur.
6. Bail is granted on the following conditions:
I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.
II. 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
III. The petitioner shall not obstruct the smooth progress of the investigation/trial.
IV. The petitioner shall not misuse his liberty in any manner.
V. The petitioner shall appear before the I/O within 15 (fifteen) days from the date of his release and he shall continue to appear once in every month till his appearance is dispensed with or charge-sheet is filed, whichever is earlier.
7. This application stands disposed of.