BA/135/2024 of Shri Kipa Talling Vs THE STATE OF AP on 23 December 2024

Arguments

ORDER

Heard Mr. R. Sonar, learned counsel for the applicant. Also Heard Ms. T. Jini,learned Additional Public Prosecutor for the State respondent.

2. This is an application under Section 483 of BNSS, 2023, praying for grant of bailto the accused, namely, Smti. Charu Nargish Kipa, in connection with Papu Hill PoliceStation Case No. 99/2024, under Sections 126(2)/304(2)/281/117(2)/3(5) of BNS,2023, who has been arrested on 04.12.2024.

3. The case set up by prosecution is that on 03.12.2024, an FIR was lodge beforethe Officer-In-Charge, Papu Hill Police Station, Naharlagun by one Smti. Tarh HuraYakek to the effect that on 29.11.2024, around 2:30 PM, one Smti. Kipa Nargish, theaccused herein, with 2(two) other ladies and one man attempted to block the vehicleof the complainant at NH-415 6KM from Naharlagun to Itanagar. Again they haveattempted twice at 2KM but somehow the complainant escaped from their clutches.Finally, the vehicle of the complainant was chased nearby Wednesday weekly market,Papu Nallah and blocked her vehicle and thereby, snatched her money purse whichcontained cash amount of Rs. 14,000/- (Rupees Fourteen thousand) and thereafter,assaulted physically to her along with her one month baby in front of public on theroad. The complainant become unconscious due to injury sustained on account of theassault and she found herself admitted in the Hormin Hospital.

4. On receipt of the aforesaid FIR, the police has registered the case being Papu HillPolice Station Case No. 99/2024, under Sections 126(2)/304(2)/281/117(2)/3(5) ofBNS, 2023.

5. Mr. R. Sonar, learned counsel for the applicant submits that the accused is thewife of one Shri Charu Akey and he is serving as Data Entry Operator in the DistrictTransport Office at Palin, in the District of Kra Daadi, Arunachal Pradesh. He submitsthat the accused has filed an FIR on 02.12.2024, against her husband Shri CharuAkey, and the complainant herein was the one who had attacked her with the husbandShri Charu Akey. The present FIR has been filed by way of counterblast to the FIRfiled by the complainant on 02.12.2024, which has been registered as Papu Hill PoliceStation Case No. 98/2024.

6. Mr. R. Sonar, learned counsel submits that the instant case has arisen out of the familial dispute between the alleged accused person and the complainant. He submitsthat the present accused is the real victim in the instant case, as the incident hademanated from series of incidences, due to an affair by husband of the accused withthe complainant and consequent, impregnation of the complainant. The accused infact in her self-defence only had to retaliate as the complainant had attempted toassault the accused by the stick. Unfortunately, husband in support of the complainanthad fired a bullet from his pistol, which lead to damage of the car of the accused.Therefore, the incident being purely of family dispute and the complainant and herhusband assaulted the accused herein and since, she was arrested on 04.12.2024,and the investigation has been completed, the accused Smti. Kipa Nargish may bereleased on bail.

7. Ms. T. Jini, learned Additional Public Prosecutor by placing the Case Diary andstatus of the case submits that the case is pending for MLC report, prosecutionsanction and for recovery of amount of Rs. 14,000/- (Rupees Fourteen thousand)which alleged to have been robbed from the complainant. She also submits that asper the record, the investigation is in its early stage and the complainant is stillundergoing medical treatment alleging deep trauma due to the incident. Therefore,granting bail at this stage will hamper the investigation, as such, the accused is notentitled to be released on bail.

8. Perused the Case Diary and the status report, it appears that the investigation isin the preliminary stage and the victim is said to be still under medical treatment.However, having considered the submissions of the learned counsel for the applicantas well as the materials placed on record, it clearly indicates that the incidentemanates from purely family dispute as the complainant is said to be third wife of oneShri Charu Akey, the husband of the accused hererin.

9. Having considered that the accused person was arrested on 04.12.2024, theallegations and counter allegations reflects that both the complainant and the accusedhad assaulted each other wherein, the husband Shri Charu Akey, has also intervened,I am of the view that the alleged accused Smti. Charu Nargish Kipa is entitled to bereleased on bail. Therefore, the accused, namely, Charu Nargish Kipa shall be releasedon bail on furnishing a bail bond of Rs. 15,000/- (Rupees Fifteen thousand) only withone surety of like amount to the satisfaction of the learned JMFC, Yupia, with thefollowing conditions:

(i) That the accused shall not meet and pressurize the complainant in any manner. manner.

(ii) That the accused shall fully co-operate with the investigation of the case and she shall appear before the Investigation Officer as and when called for;she shall appear before the Investigation Officer as and when called for;

10. This bail application stands allowed and is disposed of.

JUDGE

Comparing Assistant