Smti. Oni Taching v. The State of Assam

ORDER

04.11.2024

Heard Mr. A. M. Bora, learned senior counsel assisted by Mr. S. Biswakarma, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor. By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Smt. Oni Taching, has prayed for granting pre-arrest bail, apprehending her arrest in connection with Makum P.S. Case No. 35/2024 under Sections Page No.# 2/2 143/111 of BNS read with Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 27.09.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. D. P. Goswami, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the Investigating Officer and got her statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated

27.09.2024 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required; and

(ii) That the petitioner 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 from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010193602024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2468/2024 SMTI. ONI TACHING W/O SHRI TABOM TAGGU R/O MBT APARTMENT, NEAR GOVERNMENT UPPER PRIMARY SCHOOL, C- SECTOR, ITANAGAR, PAPUM PARE, ARUNACHAL PRADESH-791111. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S BISWAKARMA, MR T DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI