Anticipatory bail application granted absolute. Court found investigation almost complete with recovery of stolen articles and recording of prosecution witness statements, deeming custodial interrogation unwarranted.
Interim pre-arrest bail order dated 20.04.2022 made absolute with same terms and conditions; Case Diary returned to Investigating Officer.
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GAHC040004522022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 47/2022
1:Dugi Nap @ Yomum W/o Shri Dugi Tamar,
A Residence of Yazali Town, PO/PS Yazali, District Lower Subansiri, Arunachal Pradesh.
VERSUS 1:THE STATE OF AP Through Public Prosecutor
Advocate for the Petitioner : Taba Topu
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 27-04-2022
Heard Mr. T. Topu, learned counsel for the applicant. Also heard Mr. J. Tsering, learned Public Prosecutor for the State respondent.
Pursuant to order dated 20.04.2022, Mr. J. Tsering, learned Public Prosecutor, has produced the Case Diary before this Court and submits that the
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stolen articles of this case have already been recovered and the Investigating Investigation Officer has examined as many as 6 (six) prosecution witnesses and investigation appears to be almost completed.
It is to be mentioned here that this anticipatory bail application has been preferred by Smti Dugi Nap @ Yomum for grant of pre-arrest bail, apprehending arrest in connection with Nirjuli P.S. Case No. 32/2022, under Sections 451/452/380/34 of the Indian Penal Code.
The allegation against the accused applicant is that he along with some co-accused forcibly entered into the rented house of Smti Giogi Yapi Nabam and tried to assault and kill her and committed theft of Rs. 3,40,000/- (Rupees three lakhs fourty thousand) only from the rented house of one Smti Giogi Yapi Nabam on 16.04.2022.
Mr. T. Topu, learned counsel for the applicant, submits that the applicant is a woman and she is a mother of 3 (three) months old breastfeeding child and she is nowhere involved with the offence. It is further submitted that pursuant to order, dated 20.04.2022, the applicant has appeared before the Investigating Officer of the case and her statement has also been recorded and, therefore, Mr. Topu contended to make the interim pre-arrest bail order, dated 20.04.2022, absolute with the same terms and conditions.
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the Case Diary produced before this Court with the assistance of Mr. J. Tsering, learned Public Prosecutor, and I find that the
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Investigating Officer has made substantial progress in the investigation. The stolen articles have already been recovered and the statement of as many as 6 (six) prosecution witnesses have also been recorded.
In view of above, custodial interrogation of the accused applicant seems to be unwarranted here in this case. Accordingly, this Court is inclined to make interim pre-arrest bail order dated 20.04.2022 absolute with the same terms and conditions.
The anticipatory bail application stands disposed of in terms above.
The Case Diary be sent back.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail application ought to be made absolute given completion of prosecution evidence recovery of stolen articles and availability of Investigating Officer.
1 provisions across 1 enactments
Dugi Nap @ Yomum
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
