ORDER

Date : 13-05-2021 Heard Mr. M. Kato, learned counsel for the petitioner and Mr. T. Ete, learned Addl. Public Prosecutor for the State.

This is an application under Section 438 of the Cr.P.C., praying for grant of pre-arrest bail to the accused petitioner, namely, Shri Ralu Tawe in connection with Itanagar Women P.S. Case No. 47/2021 registered under Sections 448 /354 /325/ 509/34 of the Indian Penal Code.

The aforesaid Itanagar Women P.S. Case No. 47/2021 was registered on an FIR lodged by one Ms. Ashok Bokar on 12.04.2021 before the Officer-in- Charge, Itanagar Women Police Station against the petitioner alleging that on 10.04.2021 at around 12.59 AM, the petitioner came to the Restaurant of the complainant at ‘H’ sector, Itanagar and forcibly open the door of her room and caught hold of her hair and assaulted the complainant by dragging her out of the room to the balcony. The petitioner also took the complainant outside near her Restaurant and called her ‘prostitute’ and physically assaulted her by kicking and punching without any reason causing serious injuries to the complainant.

This Court by order dated 23.04.2021 while calling for the Case Diary of Itanagar Women P.S. Case No. 47/2021 had in the meantime granted the petitioner the privilege of interim pre-arrest bail on furnishing a bail bond of Rs.25,000/- only with one surety of like amount to the satisfaction of the arresting authority in connection with Itanagar Women P.S. Case No. 47/2021 with a further direction to the petitioner to appear before the Investigation Officer within 10 days.

The Case Diary, as called for, by this Court have been duly received by the learned Addl. Public Prosecutor, who, on the basis thereof, submits that the petitioner had appeared before the Investigation Officer as directed by this Court and his statement has also been recorded, wherein, he had admitted that on the night, mentioned above, in the FIR, he had assaulted the complainant.

Learned Addl. Public Prosecutor, however, submits that MLC of the injury sustained by the complainant is not available in the Case Diary. Learned Addl. Public Prosecutor further submits that there were 2 other co-accused who had accompanied the petitioner. There is, however, no incriminating materials in the Case Diary to indicate that the 2 other co-accused who had accompanied the petitioner had assaulted the complainant. Learned Addl. PP further submits that Case Dairy, however, reveals that the statements of other witnesses have also been recorded and the statement of the witnesses recorded reveals that the petitioner had assaulted the complainant thinking that the victim lady belongs to a ‘Galo’ or ‘Adi’ lady.

The nature of allegation against the petitioner and the incriminating materials available in the Case Diary against the petitioner, more particularly, that the complainant was assaulted by the petitioner thinking the complainant to be a ‘Galo’ or ‘Adi’ lady reflects the deeper criminal intent the petitioner is harbouring in his mind which needs to be viewed seriously. Though, the nature of allegation and the incriminating materials available in the Case Diary indicates a very serious allegations/accusations against the petitioner which may very well could have disentitled the petitioner the privilege of pre-arrest bail under Section 438 of the Cr.P.C. but having regard to the contentions raised by Mr. M. Kato, learned counsel for the petitioner that the petitioner is a student of B.A.

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5 Semester of the Govt. College at Seppa, East Kameng District, I am of the considered view that the petitioner be granted the privilege of pre-arrest bail in connection with Itanagar Women P.S. Case No. 47/2021 registered under Sections 448 /354 /325/ 509/34 of the Indian Penal Code, notwithstanding the seriousness of the allegation made and the incriminating materials available against the petitioner in the Case Diary. Accordingly, the interim pre-arrest bail granted by this Court on 23.04.2021 in connection w