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2025 DAILYLAW 23712 (GAU)

Smti Meli Rebe Lapung v. The State of AP

BA/164/2025 · 2025-12-17

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC040020852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/164/2025 Smti Meli Rebe Lapung Wife of Shri Kamta Lapung, permanent resident of Village Lapung, PO Bameng, PS Seppa, East Kameng District, Arunachal Pradesh and presently residing at Medical Colony, Seppa, PO and PS Seppa, East Kameng District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Marto Kato, Kamin Teri,Yasmin Gao,Mepe Ete,Nyali Sora Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.12.2025 Heard Mr. M. Kato, learned counsel appearing for the applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State respondent. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is the wife of the accused, praying for release of the accused, namely, Shri Kamta Lapung, who is facing trial in Page No.# 2/3 connection with G.R. Case No. 93/2002, under Sections 148/152/186/326/ 353/149 of the IPC, pending before the learned Chief Judicial Magistrate, Seppa, East Kameng District, Arunachal Pradesh. The accused/petitioner was absent on several dates, whereupon the trial Court issued a non-bailable warrant of arrest against him and he was arrested accordingly. I have considered the submissions of the learned counsels for both the sides. The accused/petitioner has already undergone 21 (twenty-one) days of judicial custody. This Court is of the opinion that the accused/petitioner should be given an opportunity to contest the case. Accordingly, the bail application is allowed. The accused/petitioner, namely, Shri Kamta Lapung, facing trial in G.R. Case No. 93/2002 before the Chief Judicial Magistrate, Seppa, East Kameng District, shall be released on bail on executing a bond of ₹25,000 (Rupees twenty-five thousand) with one surety of like amount, to the satisfaction of the Chief Judicial Magistrate, Seppa, subject to the following conditions: (i) That the accused shall co-operate with the proceedings of the Trial Court and make himself available as and when he is required to be present before the Trial Court; and (ii) That the accused shall not try to influence any witness or try to temper or hamper the trial proceedings; It is further directed that if the accused/petitioner fails to appear in future, the trial Court may procure his attendance as per law. Page No.# 3/3 Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant