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2025 DAILYLAW 23826 (GAU)

Smti Yacha Mra v. The State of AP

AB/176/2025 · 2025-12-23

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC040021292025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/176/2025 Smti Yacha Mra Daughter of Shri Chuge Mra, resident of Village Seraba under Limeking Circle, PO Limeking, PS Nacho, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Chorpok Modi, K Gara,Tadar Bai,Wanglat Khomrang,Biri Esther,Tachung Nalo,Maklek Lego,Nannu Yubi,Tame Rimi,Uttam Deka Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 24-12-2025 Heard Mr. U. Deka, learned counsel for the applicant and Mr. T. Ete, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 (1) of the BNSS, 2023 praying for grant of pre-arrest bail to the accused applicant in connection with Nacho P.S. Case No. 05/2025 under Sections 118(2)/121/351(3)/298/3(5) of the BNS, 2025 read with Section 3 of the PDPP Act. Page No.# 2/4 3. The gist of the allegation narrated in the FIR, dated 18.12.2025, is that at about 2100 hours, the accused applicant, namely Smti Yacha Mra, along with her brother, namely Getna Mra, and some unidentified civilians, gathered before the Headquarters of 128 RCC (Limeking) area under the influence of alcohol and started disturbing and abusing the GREF personnel stationed there. It was alleged that, although efforts were made by the GREF officials to stop such activities, the accused applicant, along with others, started pelting stones and using abusive language, thereby causing injuries to two Territorial Army (TA) personnel present there. It was also alleged that the intoxicated individuals became aggressive and damaged certain public property. It was further alleged that they hurt the religious sentiments of the officials present there. 4. In view of the aforesaid, the FIR was lodged by the Major/Captain/AE (Civil), Second-in-Command, before the Officer-in-Charge, Out Post Police, Limeking, Upper Subansiri District, Arunachal Pradesh. On receipt of the FIR, the police registered Nacho P.S. Case No. 05/2025 under the aforementioned sections. 5. Mr. Deka, learned counsel for the applicant, submits that the accused applicant is nowhere involved in the alleged incident as contended in the FIR. He submits that the accused applicant is, in fact, the sister of the co-accused, namely Getna Mra, and that Getna Mra went to visit her residence by crossing the gate where the GREF officials were present. He submits that while crossing the gate, the GREF officials questioned him about his visit, and at that time some altercation occurred between him and the GREF officials present. When the accused applicant came to know about the incident, she also went there and joined him. While the altercation was going on, there was some hue and cry, and some local people gathered there. He further submits that the accused Page No.# 3/4 applicant was not aware as to who had pelted stones or attempted to damage public property. The learned also submits that an FIR dated 19.12.2025 was lodged by one Shri Chuge Mra, the father of the accused applicant, regarding physical assault by the GREF personnel on the accused applicant as well as his son. He further submits that, in fact, the brother of the accused applicant was badly beaten up by the GREF officials and in that connection, an FIR was filed by the father of the accused applicant before the Limeking Police Station on 19.12.2025. 6. In view of the aforesaid, he submits that the accused applicant is totally unaware of any damage to public property and that she visited the place only because her brother was involved in the altercation. Learned counsel further submits that the accused applicant, being the mother of a six-month-old child, is willing to cooperate with the investigation in the matter and, therefore, she should be allowed to go on pre-arrest bail at this stage. 7. Mr. T. Ete, learned Additional Public Prosecutor for the State, on the other hand, submits that the Case Diary is necessary for consideration of the pre- arrest bail. 8. Taking into account the materials brought before this Court, as well as the submissions made by the respective parties, this Court is of the considered opinion that this is a case wherein anticipatory bail should be granted to the accused applicant at this stage. 9. Accordingly, it is directed that, in the event of arrest of the accused applicant, namely Smti Yacha Mra, by the investigating officer in connection with Nacho P.S. Case No. 05/2025, the applicant shall be released on furnishing Page No.# 4/4 a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one surety of the like amount to the satisfaction of the arresting authority, subject to the following conditions: i. The accused applicant shall appear before the investigating officer within ten (10) days from the date of passing of this order; ii. The accused applicant shall cooperate with the investigation and make herself available as and when called for by the investigating officer; iii. The accused applicant shall not hamper or tamper with the investigation of the case. 10. In view of the aforesaid directions, the anticipatory bail application stands disposed of as allowed. JUDGE Comparing Assistant