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2025 DAILYLAW 23721 (GAU)

Smti Chathak Mongwang v. The State of AP

BA/125/2025 · 2025-11-12

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC040017042025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/125/2025 Smti Chathak Mongwang wife of Shri Kapwang Letey Lowang, permanent resident of Borduria Village, PO and PS Borduria, Tirap District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Hangphoa Sumnyan, Amrit Singh Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 13-11-2025 Heard Mr. H. Sumnyan, learned counsel for the applicant and Ms. T. Jini, learned Additional Public Prosecutor for the State. 2. The accused applicant herein, namely, Shri Kapwang Lately Lowang, was arrested on 13.11.2020 in connection with Banderdewa P.S. Case No. 22/2020, which resulted in a chargesheet after completion of investigation and subsequent registration of Sessions Case No. 2/2021. Subsequently, charges Page No.# 2/3 have been framed against 5 (five) accused persons, including the present accused applicant under Sections 120(B)/201/302/316/34 of the IPC and the case is at stage of trial. 3. The primary contention of the learned counsel for the applicant is that prolonged detention of the accused application has caused prejudice to him especially in the context of fact that the trial is yet to be completed. He draws attention to an order, dated 23.09.2025, passed by the Hon’ble Supreme Court, granting bail to co-accused Shri Lishi Roni. It is submitted that this bail application may also be considered similarly. 4. In the order of the Hon’ble Apex Court, it was mentioned that out of 43 (forty-three) witnesses, 22 (twenty-two) witnesses have been examined and 6 (six) witnesses have been directed to be recalled. 5. Ms. Jini, learned Additional Public Prosecutor submits that the nature of offence is serious. 6. Scanned copy of the Trial Court Record has been received. 7. Considering the length of detention; progress of the trial and the aspect of parity, vis-à-vis, the bail granted by the Hon’ble Apex Court to the co-accused - I deem it appropriate to grant bail to the accused applicant also at this stage. Accordingly, Shri Kapwang Lately Lowang, is allowed to go on bail, on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the concerned learned Court and subject to the condition that: (i) He shall be available during the remaining trial; (ii) He shall not hamper and tamper with the evidence; Page No.# 3/3 (iii) He shall not harass or harm or threatened any witnesses. 8. The bail application stand allowed and disposed of with the aforesaid terms and conditions. JUDGE Comparing Assistant