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The Gauhati High Court recently granted interim pre-arrest bail to Assam-based Padma Shri Awardee Uddhab Kumar Bharali in the alleged foster child rape case. Bharali has been booked for allegedly raping a minor while she was under his foster care.

The bench of Justice Arun Dev Choudhury opined that though the offense alleged in the instant case was serious in nature but on account of Bharali's antecedents and his claim that the case had been lodged only to humiliate and malign his reputation, he deserved the interim relief. 

A complaint in the matter was filed by the Chief Judicial Magistrate who was briefed by the District Legal Services Authority (DSLA) on December 17, 2021. As a result, the Assam Police registered an FIR against Bharali the very next day, invoking Sections 354/376(i)/376(j)/376(k) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.

As soon as the FIR was registered, Bharali moved to the Gauhati High Court, seeking pre-arrest bail. He had alleged that the case had been filed as the aftermath of some dispute between him and the Chairman of Child Welfare Committee, (CWC) Lakhimpur. 

He had averred that the office of CWC (Lakhimpur) had approached him in the year 2020 with a request to take two girls under his and his wife's care to which he agreed owning to his benevolence and philanthropic nature. A Foster Care Agreement had also been executed in this regard. 

He had alleged that the girls had been staying with his family as family members since August 2020, however, following a dispute between him and CWC Chairman, he was asked to produce the girls before the CWC on October 28, 2021, and when he did so, the girls were taken into CWC's custody and where they continue to be since then.

 

Bharali had further submitted that later on, he was informed that the girls were not willing to go back to their foster family, so as a result, the foster care deed was also canceled.

To support his contentions, Bharali had stressed that from 28th October 2021 till lodging of the complaint on 17th December 2021 the girls had been under the care and custody of the CWC, and even in the report, which was treated as FIR, there was no specific statement of the victim alleging any sexual harassment, except a statement that the foster father used to hold her hand to do bad activities.

Following an anxious consideration, the bench concluded that as the FIR did not disclose any specific statement of the victims, in the interest of justice Bharali should be granted interim relief. 

Therefore, the bench ordered, 

"Accordingly, interim pre-arrest bail to the petitioner namely, Uddhab Kumar Bharali is granted to the effect that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority."

The court also called for the case diary on January 7 and directed for the case to be listed accordingly. 

Case Title: Uddhab Kumar Bharali v. the State of Assam