Tage Omo Vs the State of Ap

This application is filed under Section 482 of BNSS 2023 praying for privilege of pre-arrest bail in connection with Nirjuli P. S. Case No. 70/2024 under section 303(2) of BNS.

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On 13.12.2024, a written complain was filed before the Officer-inCharge of Nirjuli Police Station by one Ms Kejen Lombi stating that when she went with her husband by car for sightseeing of newly constructed bridge at Nirjuli at around 4:30 PM and went out of car for sightseeing as well as for photography and on coming back to car, she found her lady bag containing keys, sum of Rs.1500/- and mobile phone (Oppo) with 2(two) Sim cards missing from the car. It is alleged that person who has stolen the mobile has used illegal transaction of her account through UPI application. Upon receipt of the above FIR, Nirjuli P.S. Case No. 70/2024 under section 303(2) of BNS, 2023 was registered. Apprehending arrest in the above case, the present application has been filed.

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Mr. G. Tadi, learned counsel for the accused applicant, claiming innocent in the matter, submits that on being arrested by the police his friend, namely, Norseeh@ Peso, has indicted him before the police, although accused applicant has no involvement in the case. However, since his friend has been arrested, the accused applicant apprehends that he may also be arrested. Therefore, the learned counsel submits that the accused applicant may be released on pre-arrest bail.

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Mr. T. Ete, learned Additional Public Prosecutor by placing case dairy submits that the main accused was granted bail, however, since he could not furnish bail bond, he has been sent to judicial custody. As per the statement of main accused recorded by police, he has indicted the present accused applicant.

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On 23.12.2024, this Court had granted the accused applicant interim

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bail. It is stated at the bar that the accused applicant had appeared before the Investigating Officer and recorded his statement, as directed.

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Having considered the case diary, although indicates that the main accused has indicted the present accused applicant and also considering that the main accused was granted bail, however, sent to judicial custody on having failed to furnish his bail bond, as required, I am of the view that the present accused applicant is entitled to be admitted to pre-arrest bail.

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Accordingly, the interim bail order dated 23.12.2024 is hereby made absolute on the following conditions;

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i) The accused applicant shall cooperate with the Investigating Officer and shall appear before the I.O. as and when called for. ii) The accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any Police Officer.

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With the above observation and direction, the bail application stands dispose of.

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Send back the case diary.

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JUDGE

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Tage Omo v. the State of Ap

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Tage Omo v. the State of Ap

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