Majum Taipodia v. The State of Ap

ORDER Date : 06-06-2024 Heard Mr. A. Bhattacharjee, learned counsel for the applicant. And also heard T. Jini, learned Addl. PP. for the State.

¶2This is an application under Section 438 Cr.P.C., 1973, praying Page No.# 2/4 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.

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

"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). 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. 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 Page No.# 3/4 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. 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."

¶4Pursuant 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.

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

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

¶7On 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 Page No.# 4/4 promise of marriage and assault.

¶8Ms 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.

¶9Having 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.

¶10The anticipatory bail application stands allowed disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC040006732024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/91/2024 Majum Taipodia Son of Shri Gime Taipodia, permanent resident of Village Uli, PO and SP Likabali, Lower Siang District, Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Arup Bhattacharjee Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE KARDAK ETE