Allowed

Majum Taipodia v. The State of Ap

Gauhati HC5 Jun 2024AB/91/2024

Case brief

AI extract

What is this about?

Applicant sought pre-arrest bail in a case arising from an FIR alleging false promise of marriage, assault and threats during a failed relationship. With investigation nearly complete and the accused cooperating, the Court made the interim bail order absolute.

What did the court decide?

Interim bail order dated 28.05.2024 made absolute with same terms and conditions; anticipatory bail allowed.

Majum Taipodia Vs The State of Ap — Dowry and Cruelty | Gauhati HC (2024)

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Page No.# 1/4

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GAHC040006732024

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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/91/2024

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Majum Taipodia

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Son of Shri Gime Taipodia, permanent resident of Village Uli, PO and SP Likabali, Lower Siang District, Arunachal Pradesh

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VERSUS

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The State of AP represented by the PP of AP

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Advocate for the Petitioner : Arup Bhattacharjee

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Advocate for the Respondent : P P of AP

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BEFORE

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HONBLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 06-06-2024

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Heard Mr. A. Bhattacharjee, learned counsel for the

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applicant. And also heard T. Jini, learned Addl. PP. for the State.

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2. This is an application under Section 438 Cr.P.C., 1973, praying

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for grant of privilege of pre-arrest bail to the applicant accused Shri Majum Taipodia in connection with Likabali P.S. Case No. 09/2024 under Section 354/458/509 IPC.

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3. An FIR was lodged by one Ms Lukjum Karlo on 23.04.2024, the contains which are reproduced herein below:

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“With due respect I beg to state that Shri Majurn Talipodia and I had a physical and sexual relationship since last two years, he kept me under false promise that he will marry me and used me for his physical and sexual needs. That sir, due to his flirty and cone nature with other girls our relationship became complicated over the years. That on dated 12/04/2024 at around 1.00 PM in the afternoon I went to collect my mobile Sim card from Shri Majum Taipodia at his house located at Uli village and to my utter surprise without any reason he suddenly started to strangling my neck with a intention to kill me. I tried to escape but he grabbed my hand and started to beat me due to which I received grievous injury. (A photograph is attached).

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It is pertinent to mention herein that during our relationship he always used to physically assaulted and mentally tortured me. That I have decided to quit our relation on that very night but he entered into my room through a small ventilator with a sharp knife and in a criminal intention to kill me also he tried to kill me but smashing my head in the wall but I never expressed it to my family members only due to the fear of our society.

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His father Shri Gima Taipodia has tarnished my all hard earned image by spreading fake news that I am infertile and won't be able to give birth a child in near future and their nature has pushed my

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remaining life in darkness by spreading such false news into the society. That sir, I am not married to Shri Majum Taipodia we were just in a relationship and now due to his cruel behaviour I am in a mental trauma. That sir, presently Shri Majum Taipodia is having relationship with Miss Bape Tao and both are mentally torturing me by saying that they will leak my nude photo in social media.

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Therefore, I would like to request your kind esteemed to kindly initiate necessary legal action against the perpetrator according to Indian Penal Code at the earliest.”

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4. Pursuant to the above FIR, a case was registered against the accused applicant, being Likabali P.S. Case No.09/2024 under Sections 354/458/509 IPC.

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5. Apprehending arrest in the above connected case, the present application has been filed by the applicant accused for grant of privilege of pre-arrest bail.

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6. Ms T. Jini, learned Additional Public Prosecutor, has produced the case diary.

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7. On the perusal of the FIR and case diary, it transpires that, admittedly, the accused applicant and the informant/victim were in serious relationship. It appears that the issue has arisen out of mistrust and differences between the informant/victim and the accused applicant in their relationship. The allegations are of false

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promise of marriage and assault.

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8. Ms T. Jini, the learned Additional Public Prosecutor fairly submits that applicant accused is cooperating with the investigation and investigation is almost complete. Pursuant to the interim bail granted by this Court, the applicant accused had already appeared before the Investigating Officer and recorded his statement on 31.05.2024.

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9. Having considered the submissions of the learned counsel for the parties and materials in the Case Diary, I deem it appropriate to grant the privilege of pre-arrest bail to the accused applicant. Accordingly, the interim bail order dated 28.05.2024, granted to the accused applicant namely, Shri Majum Taipodia, in connection with Likabali P.S. Case No. 09/2024 under Section 354/458/509 IPC, 1860, is hereby made absolute with same terms and conditions.

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10. The anticipatory bail application stands allowed disposed of.

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JUDGE

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Comparing Assistant

Majum Taipodia v. The State of Ap

Case brief

What is this about?

What did the court decide?

Majum Taipodia v. The State of Ap

Case brief

What is this about?

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