Mami Singkom v. The State of Ap

Page No.# 1/3 GAHC040005352024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/74/2024 Mami Singkom Wife of Tarik Bugia, resident of Bogia Siyum Village, PO Siyum, PS Taliha, Upper Subansiri District, Arunachal Pradesh

VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Duge Soki Advocate for the Respondent : P P of AP

-BEFORE-HON'BLE MR. JUSTICE KARDAK ETE

14.05.2024 Heard Mr. D. Soki, learned counsel for the petitioner. Also heard Ms. L. Hage, learned Additional Public for the State respondent. This is an application under Section 438 of Cr.P.C 1973, for grant of anticipatory bail to the accused person i.e., Smty Mami Singkom, who is apprehending her arrest in connection with Taliha PS Case No. 03/2024 registered under Section 448/171C/353/34 IPC read with Section 3 PDPP Act and Section 136 R.P. Act. Page No.# 2/3 The case has been registered being Taliha P.S. Case No. 03/2024 under Section 448/171C/353/34 IPC pursuant to the FIR lodged by the Presiding Officer, 22/33 Bogia-Siyum 22-Nacho ST Assembly Constituency alleging that at around 9.00 am one Smty Nyajum Singkom and her party entered inside voting compartment forcefully and started damaging voter register for 17A, Electoral roll, voter slips and control unit of parliament constituency. Perused the Case Diary. On perusal of the Case Diary, it reveals from the record that the complainant and the witnesses have been examined and their statements have already been recorded under Section 161 Cr.P.C. Further, it reveals that during the course of the investigation, 3 (three) alleged accused persons including the present applicant accused Smty Mami Singkom have been examined and their statements have also been recorded. It is fairly submitted by the learned Addl. PP that the applicant/ accused is co-operating with the Investigating Authority and the alleged incident had occurred during the polling day for the Assembly and Parliamentary election, 2024 of 22/33-Bogia Siyum, 22-Nacho ST Assembly Constituency. Considering the nature of allegation levelled against the applicant/ accused and since the applicant/ accused is co-operating with the investigating authority and also having considered that no custodial interrogation would be required for the purpose of investigation, I deem it appropriate to grant the privilege of pre-arrest bail to the applicant/ accused, namely, Smty Mami Singkom in connection with Taliha PS Page No.# 3/3 Case No. 03/2024 registered under Section 448/171C/353/34 IPC read with Section 3 PDPP Act and Section 136 R.P. Act. Accordingly, the interim pre-arrest bail granted by this Court on 25.04.2024 is hereby made absolute subject to the following conditions:-

¶1That the applicant/ accused shall appear before the Investigating Authority as and when called for;

¶2That the applicant/ accused 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 her from disclosing such facts to the Police Officer or tamper with the evidence of the case.

This bail application stands allowed and disposed of. JUDGE Comparing Assistant