Saturday, June 19, 2021

Man who allegedly kicked at stomach of pregnant lady Granted Bail

Causing death of a quick unborn child alleged : Tenant Granted Bail in Guwahati, Assam

In a recent Judgment by Ld. Court in Assam on 19 June 2021, Hon'ble Court had granted bail to an accused after noting that sufficient progress has been made in investigation and it was held that tenant's further detention in judicial custody is not necessary. The accused had argued that "FIR was lodged on ground of suspicion only and the accused is not involved in any matter with the alleged incident."

The case was related to an FIR dt. 17 May 2021 and Dispur PS Case No. 1826/21 u/s 316/307/34 of IPC. [Refer BA 286/2021 : State of Assam v Mintu Deka : Order by ASJ, No.3, Kamrup (M), Guwahati]

According to the FIR when victim "went to the bathroom where two persons were hiding. Suddenly one of them came out of hiding and grabbed her and then pushed some intoxicating powder over her nose and mouth and the other person kicked at her stomach as a result of which her two-month pregnancy was aborted. Somehow she managed to escape from the place of occurrence. The complainant suspects one of the accused to be Sri Mintu Deka who is a tenant within the same premises as her." Accused had also argued that there was a quarrel a day before the alleged date of offence and FIR has "false and manipulated story". It is important to note that Hon'ble Court commented that "Ld. APP did not opposed the grant of bail" in this case. 

Full Text Judgment can be obtained from Guwahati Court Reporter (GCtR)


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