Page No.# 1/5 GAHC040000432025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/3/2025 Likha Tado Son of Likha Kojum, Kugi Toit Village, PO and PS Yachuli, Keyi Panyor District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : L John, Tokdak Tamin,Tajoy Eru,Tem Pahi,Likha Kagung Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 17.01.2025 Heard Mr. J. Likha, learned counsel for the applicant. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for release of the accused, Shri Nilly LikhaTagur, on bail in connection with Itanagar Women Police Station Case No.66/2024 under Section 69/91 of BNS, 2023. Page No.# 2/5 3. The case set-up by the prosecution is that a written FIR was filed on 27.11.2024, by the victim to the effect that she met one Shri Nilly LikhaTagur (the accused herein) through facebook in the year 2021 and eventually developed intimate relationship with him. It is stated that in the month of July, 2024, she got pregnant with the child of the accused and citing financial incapability, he forced her to ingest some abortion pills which he illegally procured. Thereafter, to her utter surprise she came to know through facebook that he married some other woman. Thereby, the accused has induced her to believe that he is going to marry her and had sexual intercourse. 4. On receipt of the aforesaid FIR, the police has registered the case being Itanagar Women Police Station Case No.66/2024 under Section 69/91 of BNS, 2023. The accused had appeared before the I.O. of the case and on 27.11.2024, he was detained, and consequently on 28.11.2024, the accused was arrested. 5. It is the case of the accused person that the accused came to know the complainant through social media and gradually became friend. Being a loyal friend, he has helped and accompanied her whenever she asked, but there was no intimate relationship. In the month of October, 2024, the accused got married and the complainant has seen the photos of the marriage ceremony through social media. Therefore, out of jealousy she has lodged the FIR against the accused on a concocted and manufactured story. 6. Mr. J. Likha, learned counsel for the applicant submits that the newly wedded wife of the alleged accused is under mental trauma and she had to be taken to TRIHMS hospital for medical treatment. That apart, the mother of the Page No.# 3/5 accused is having chronic ulcer. The sudden arrest of the accused has shocked the newly wedded wife and her ailing mother, which has led to mental trauma and further deterioration of health of the mother of the accused. The daily necessity of his wife and the mother is entirely depended on the alleged accused person. Due to arrest of the accused and languishing in the jail, the wife and the mother of the accused are in verge of starvation. 7. Mr. Likha, learned counsel further submits that since the accused is languishing in the jail since 27.11.2024, and he is co-operating with the police and the investigation has been completed by now and considering the nature of allegation, which is false, the accused, namely Shri Nilly LikhaTagur, may be released on bail 8. Ms. L. Hage, learned Additional Public Prosecutor for the State has produced the upto-date Case Diary. 9. Present application is filed subsequent to the earlier application. On 23.12.2024, this Court has rejected the bail application filed by the accused as the Case Diary reveals that the accused, Shri Nilly LikhaTagur has admitted that he met the informant and developed physical relationship and they used to meet at Seppa and stayed in the hotel, and also had sexual intimacy in the rented house of the victim’s cousin at Lekhi village, Naharlagun. However, he had no plan to marry her. On perusal of the Case Diary, this Court had found, prima facie, indication of commission of the offence alleged and also found that the investigation appears to be not completed. Therefore, the accused was not granted bail. Page No.# 4/5 10. Today, after hearing the learned counsel for the parties and on perusal of the upto-date Case Diary, it is seen that the statement of the accused has already been recorded and the Investigating Officer has clearly stated that the accused is not required for custody for the purpose of interrogation. 11. Having considered that no further custodial interrogation is required, I deem it appropriate to allow this bail application. Accordingly, the accused, namely, Shri Nilly LikhaTagur be released on bail in connection with Itanagar Women Police Station Case No.66/2024 under Section 69/91 of BNS, 2023, on furnishing a bail bond of Rs.10,000/-(Rupees Ten thousand) only with one surety of like amount to the satisfaction of the competent Court on the following conditions: (i) that the accused shall co-operate with the investigation and shall appear before the Investigating Officer of the case as and when called for; (ii) that the accused shall not in any manner contact with the informant; and (iii) that the accused shall not directly or indirectly make any threat or inducement to any person with the knowledge of the facts to dissuade from disclosing such facts. 12. The Bail application stands allowed and disposed of. Return the CD. Page No.# 5/5 JUDGE Comparing Assistant