AB 4111/2011 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. G. Baishya, learned counsel for the petitioner and Mr. BB Gogoi, learn ed Addl. P.P.. This is an application u/s 438 CrPC, seeking regular bail on behalf of the petit ioner, Gopahl Ch. Roy in connection with Kachugaon PS Case No.35/2011 u/s 376/35 4/506 IPC. Learned PP by producing the case diary has apprised the court regarding the prog ress of investigation. The FIR lodged by the victim reveals that she was forcibly raped one Gopan Das a t her residence, when her husband was not at home. Though Gopan Das tried to cl ose her mouth, she tried to shout which drew notice of her uncle Jagadish Paul a nd Tapan Saha, who came and rescued her. They tried to catch hold of Gopan Das but he somehow managed to escape. At that time Gopal Ch. Roy, the petitioner, c ame and started beating her. By that way the victim also alleged that the petiti oner Gopal Ch. Roy had also raped her about 4 months prior to the date of occurr ence. Learned counsel for the petitioner referring to the statement of the victim reco rded u/s 164 CrPC pointed out that the victim intentionally implicated the petit ioner in the offence as the petitioner assaulted her for the misdeed committed b y her since according to the petitioner she was found in a compromising position with Gopan Das, when her house was forcibly opened by the villagers, who assemb led in front of the house of the victim. Apparently, the victim did not lodge any FIR or report it to anybody when rape w as allegedly committed on her about 4 months ago by the petitioner. The materia ls on record do not justify the existence of sufficient incriminating materials against the petitioner warranting his custodial interrogation in connection with the case. Accordingly, I am of the view that accused/petitioner can be extende d the benefit of pre-arrest bail in this case. Accordingly, it is provided that in the event of arrest of the petitioner, Gopal Ch. Roy, in connection with the aforesaid case, he shall be released on bail of Rs.15,000/- with 1 local surety of the like amount to the satisfaction of the a rresting authority on conditions that he shall appear before the I.O. of the cas e as and when directed to do so and shall cooperate with the investigation of th e case. The bail application stands disposed of.