Page No.# 1/3 GAHC040000552025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/5/2025 Riba Jomoh Son of Late Bida Jomoh, resident of Ganga village, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. 791110 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Adam Tatak, Tayom Gamoh,Logsang Yountan,Dejum Tally,Goyi Taba Raju,Tonni Gammi,Kaling Mibang,Tanur Gao,Amy Talom,Tsering Gyatso Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 22.01.2025 1. Heard Mr. T. Gyatso, learned counsel for the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor. 2. This is an application filed under Section 483 of BNSS, 2023, has been filed by the petitioner on behalf of the accused, namely, Shri Pitam Jomoh, who has been detained behind the bars since 10.01.2025 in connection with Itanagar Women P. S. Case No. Page No.# 2/3 71/2024, under Section 140(3)/64(1)/62 of BNS, 2023. 3. The gist of accusation is that on 26.12.2024, the victim of this case had lodged an FIR before the Officer-in-charge of Itanagar Women Police Station, inter alia, alleging that the accused had abducted her and subjected her to sexual assault and also attempted to rape her. On receipt of the said FIR, the Itanagar Women P. S. Case No. 71/2024 was registered. 4. The learned counsel for the petitioner has submitted that the younger brother of the petitioner, namely, Pitam Jomoh and the victim are adults and were in a live-in relationship and some dispute arose between them during that relationship due to suspicion regarding the accused is having an affair with somebody else. However, the learned counsel for the petitioner has submitted that the dispute has been amicably settled between the accused and the victim girl and they have also executed a deed of amicable settlement on 08.01.2025 and the victim girl also approached the Itanagar Women Police Station for withdrawal of the FIR. 5. On the other hand, learned Additional Public Prosecutor has produced the case diary of Itanagar Women P. S. Case No. 71/2024 and has submitted that in the meanwhile the investigation of the case has almost completed and it is pending only for the medical report of the victim girl. She also submits that there is no request from the side of the Investigating Officer for custodial detention of the accused person. Page No.# 3/3 6. Considering the submissions made by the learned counsel for the parties as well as after going through the case diary as produced by the learned Additional Public Prosecutor, this Court is of considered opinion that further custodial detention of the accused, Pitam Jomoh, is not necessary for fair completion of the investigation of Itanagar Women P. S. Case No. 71/2024, if the petitioner cooperates with the Investigating Officer. 7. In view of above, the accused Pitam Jomoh is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of learned Chief Judicial Magistrate, Yupia with following conditions:- (i) That the accused shall co-operate in the investigation; (ii) That the accused shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court, 8. This bail application is accordingly disposed of. 9. sent back the case diary. JUDGE Comparing Assistant