Partly allowed

Likha Yel @ Amu v. the State of Ap

Gauhati HC27 Apr 2022AB/48/2022

Case brief

AI extract

What is this about?

The Gauhati High Court converted an interim anticipatory bail order dated 20.04.2022 into an absolute order regarding the petitioner. Considering the investigation's progress, recovered stolen articles, and the petitioner's status as a breastfeeding mother, the court found custodial interrogation unwarranted.

What did the court decide?

Interim anticipatory bail order dated 20.04.2022 made absolute with same terms and conditions.

Likha Yel @ Amu Vs the State of Ap — Bail and Remand | Gauhati HC (2022)

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Page No.# 1/3

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GAHC040004532022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : AB 48/2022

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1:Likha Yel @ Amu W/o Shri Biri Chaya,

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A Residence of Yazali Town, PO and PS Yazali, District Lower Subansiri, Arunachal Pradesh.

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VERSUS

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1:THE STATE OF AP Through Public Prosecutor

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Advocate for the Petitioner : Taba Topu

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Advocate for the Respondent : P P of AP

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BEFORE

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HONBLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 27-04-2022

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Heard Mr. T. Topu, learned counsel for the applicant. Also heard Mr. J. Tsering, learned Public Prosecutor for the State respondent.

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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 Officer has examined as many as 6 (six) prosecution witnesses and investigation appears to be almost completed.

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It is to be mentioned here that this anticipatory bail application has been preferred by Smti Likha Yel @ Amu 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.

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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.

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Mr. T. Topu, learned counsel for the applicant, submits that the applicant is a woman and she is a mother of 9 (nine) 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.

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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.

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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.

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The anticipatory bail application stands disposed of in terms above.

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The Case Diary be sent back.

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JUDGE

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Comparing Assistant

Likha Yel @ Amu v. the State of Ap

Case brief

What is this about?

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Likha Yel @ Amu v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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