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2022 Supreme(Gau) 989

ROBIN PHUKAN
State Of A. P. Through Sri Tumki Loya, Investigating Officer, Seppa Police Station Case No. 24/2022, Seppa Police Station, Seppa, Arunachal Pradesh – Appellant
Versus
Babing Haffi, Son of Pabo Haffi – Respondent


Advocates Appeared:
For the Petitioner: J. Tsering.
For the Respondent: Nikita Danggen.

JUDGMENT :

1. Heard Mr. J. Tsering, learned Public Prosecutor for the State applicant. Also heard Ms. N. Danggen, learned counsel for the respondent.

2. This application, under Section 439(2) read-with-Section 482 of the Code of Criminal Procedure, 1973, is preferred by the State of Arunachal Pradesh through Shri Tumki Loya, Investigating Officer, Seppa Police Station Case No. 24/2022, for cancellation of bail granted to accused, Shri Babing Haffi, by the learned Chief Judicial Magistrate, Seppa, vide order dated 17.05.2022, in Seppa P.S. Case No. 24/2022, under Sections 376(1)/341/354B of the Indian Penal Code.

3. The factual background, leading to filing of the present petition, is briefly stated as under:

    “On 06.05.2022, the informant, Smti X (name withheld), lodged one F.I.R. with the Officer-In-Charge, Seppa P.S. to the effect that on that day, at about 7.30 p.m., accused-Babing Haffi, contacted her over phone and visited her rented room, situated at Bazaaline colony Seppa, to collect his wrist watch. Then, after knowing her room, he locked the door from inside and sensing his ill intention, she warned her not to touch her and thereafter, he started threatening her with dire

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