Guwahati, April 20: Gauhati High Court today rejected the anticipatory bail plea of Congress leader Pranjit Choudhury, who has been accused of raping a 23-year-old.
After hearing his petition, Justice Paran Kumar Phukan today declined to grant him pre-arrest bail without perusing the case diary.
The court directed police to submit the case diary and other relevant documents, including the medical reports, by Friday, the next date of hearing.
Choudhury had approached the high court seeking relief under Section 438 of the Code of Criminal Procedure, which deals with anticipatory bail.
Choudhury is a general secretary of the Assam PCC and a former Youth Congress leader. He is contesting the Assembly elections from Kamalpur constituency on a Congress ticket.
Public prosecutor Z. Kamar and additional public prosecutor Bhimsen Sinha, who appeared for the prosecution, opposed Choudhury's bail petition, arguing that it would not be conducive to grant him anticipatory bail without going through the case diary and other related documents. They said prima facie it appears that the victim was induced (with the promise of marriage) to surrender herself and there had been elements of cheating, inducement and rape.
The victim had lodged an FIR against Choudhury on April 13 at Panbazar police station here, in which she alleged that the he had "physically exploited her with the promise to marry after the elections were over". Based on her complaint, the police registered a case (no. 135/16) under Section 376 (rape) and Section 420 (cheating) of the IPC. The statement of the victim was also recorded before a judicial magistrate on Saturday.
The 39-year-old accused, who is married and has two children, has been absconding ever since the victim went public with her allegation. The police are searching for Choudhury and have served three notices and questioned 15 people regarding his whereabouts.
The Congress has distanced itself from the case with chief minister Tarun Gogoi and Assam PCC president Anjan Dutta saying the "law would take its own course".
"If he is proved guilty, the Congress will definitely not stand by him," the chief minister said recently.
The victim, a post-graduate student of Gauhati University, was employed by Choudhury.
