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2022 Supreme(Gau) 1405

ROBIN PHUKAN
Kara Taling – Appellant
Versus
State Of Arunachal Pradesh – Respondent


Advocates Appeared:
Ninnong Ratan, U. Bori.

JUDGMENT :

(Robin Phukan, J.) : -

1. Heard Mr. N. Ratan, learned counsel for the petitioner. Also heard Mr. U. Bori, learned Additional Public Prosecutor for the State respondent.

2. This application, under Sec. 438 of the Cr.P.C., is preferred by Shri Tadas Rab Kara, representative (maternal uncle) of Shri Nana Tania (actual name withheld) a minor (17 years), for granting him pre-arrest bail in connection with Itanagar Women P.S. Case No. 45/2022, under Ss. 341/376/354-C/323/506 of the Indian Penal Code.

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

    "On 30/3/2022, one Smti Kara Pera of Chimpu Village under Itanagar Police Station, lodged one F.I.R. with the Officer-In-Charge, Women Police Station, Itanagar, to the effect that on 29/1/2022, at Sagalee, the petitioner committed rape upon her inside a rented room and thereafter on 5/2/2022, he again committed rape on her at her residence at Chimpu and thereafter on 25/3/2022, he restrained her wrongfully while started investigation. Then, on apprehension of arrest, the petitioner filed the present petition for granting him pre-arrest bail."

4. While the case was fixed for hearing on 6/

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