Page No.# 1/7 GAHC040018342025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/138/2025 Kurli Gadi Son of Late Takkur Gadi, resident of Deke Village, PO and PS Tirbin, Leparada District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Rajesh Sonar, Michi Khambo,Binny Nyaruce,R Taku Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 21.11.2025 Heard Mr. Rajesh Sonar, learned counsel appearing on behalf of the petitioner. Also heard Ms. L. Hage, learned Additional Public Prosecutor, appearing on behalf of the respondent, State of Arunachal Pradesh. 2. This is a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the release of the alleged accused on regular bail. The accused has been arrested in connection with Yomcha P.S. Case No. 02/2025, registered under Sections 125(b), 118(2), and 109(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, read with Sections 25(1B)(a) and 27(1) of the Arms Act. Page No.# 2/7 3. The aforesaid police case arose out of an First Information Report (FIR) lodged by Yali Gamlin on 13.10.2025 before the Officer-in-Charge of Yomcha Police Station, alleging that on 12.10.2025, at around 9:30 p.m., his younger sister, Smt. Yater Gamlin Potom, suffered a gunshot injury while returning from her shop. 4. Based on this FIR, the police registered Yomcha P.S. Case No. 02/2025 under Sections 125(b), 118(2), and 109(1) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1B)(a) and 27(1) of the Arms Act. During investigation, a Child in Conflict with Law (CCL) and the alleged accused, Shri Kurli Gadi, were arrested. The CCL was forwarded to the Juvenile Justice Board at Aalo for Sending in a juvenile home at Pasighat. 5. During the investigation, one .22 single barrel rifle was seized along with an empty cartridge. It was found that the gun was used by the Child in Conflict with Law against the victim, and it was stated to have been stolen from the accused, Kurli Gadi. However, the gun does not belong to Kurli Gadi. It was issued in the name of Shri TugoGangkak of Yomcha, who surrendered it in 2022 at Yomcha Police Station. 6. The investigation further revealed that the accused had been illegally using the firearm for several months. Accordingly, the accused was arrested by the police on 15.10.2025 and has been in judicial custody since then. 7. The petitioner has filed this bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the release of Shri Kurli Page No.# 3/7 Gadi. 8. Mr. Sonar, learned counsel for the petitioner, submits that the accused is neither involved in the alleged commission of the offence nor aware of the commission. He however, fairly concedes that the alleged involvement of the accused is not based on any direct act but is inferred vicariously from the local guardian of the Child in Conflict with Law, who allegedly fired the shot. 9. Mr. Sonar, learned counsel, further contends that the accused has not been accused of directly possessing, using, or discharging the firearm seized from the scene. The firearm was neither recovered from the accused’s possession nor from his residence. The relationship between the accused and the Child in Conflict with Law was characterized by goodwill and humanitarian intent. 10. The learned counsel explains that the Child in Conflict with Law, who fired the shot, hails from a destitute family in Harmoty village, North Lakhimpur District, Assam. After his mother’s death in December 2022, his father entrusted him to Sri Bhaskar Yomcha for proper upbringing due to economic hardship. The counsel states that the child exhibited problematic behavior during this period, and Sri Yomcha requested the accused’s intervention to prevent him from engaging in unlawful activities. 11. Mr. Sonar also submits that, during the relevant period, the accused was tasked by the Executive Magistrate with an order dated 03.09.2025, concerning the confinement and control of stray animals (pigs and goats) Page No.# 4/7 roaming in Yomcha village, particularly around Gadi Masi and Bopu Village, causing damage to gardens, creating public nuisance, and posing safety risks. In his official capacity as Officer-in-Charge, the accused was performing this public duty. While executing this order, he carried a surrendered .22 single barrel rifle from the Malkhana for self-protection, as his service pistol had mechanical defects and was unserviceable. 12. Mr. Sonar states that on the night of the incident, after completing his duty, the accused was resting at his residence. The Child in Conflict with Law, without the accused’s knowledge, access, or authorization, took the firearm from a government vehicle and used it to shoot the victim, causing grievous injury. 13. The learned counsel emphasizes that the accused was not present at the time of the incident and was unaware that the Child in Conflict with Law would access and misuse the firearm. The allegations of possession and negligent handling are solely due to an unintended accident caused by the Child in Conflict with Law, not any deliberate or criminal act by the accused. The firearm was possessed solely for official duty, and its subsequent misuse was beyond the accused’s control or knowledge. 14. The learned counsel further states that the accused was suspended from service on 21.10.2025. Therefore, concerns about him influencing witnesses or tampering with evidence are no longer valid. He also mentions that the accused suffers from hypertension and is under continuous medication. Medical examinations on 16.10.2025 and 28.10.2025 indicated significant blood pressure issues and stress-related health conditions. The Page No.# 5/7 accused is undergoing ongoing treatment for post-traumatic stress, pain, and related complications, including antibiotics, anxiolytics, and gastric protectants. 15. Mr. Sonar affirms that the accused is willing to cooperate with the investigation, provide adequate bail sureties, and abide by any conditions imposed. 16. The learned counsel for the petitioner further submitted that considering the facts, none of the offences under Sections 125(b), 118(2), or 109(1) of the Bharatiya Nyaya Sanhita, 2023, or Sections 2(1B)(a) and 27 of the Arms Act, are sufficiently attracted against the accused. The essential elements such as mens rea, actus reus, voluntary participation, intention, knowledge, and direct involvement are absent. The incident was caused by the unauthorized action of the Child in Conflict with Law, over whom the accused had no control, knowledge, or participation. 17. The learned counsel submits that the investigation concerning the accused is substantially complete, with all relevant evidence collected and secured. The firearm has been seized and sent for forensic analysis, making tampering impossible. The Child in Conflict with Law has been examined and remanded to the Juvenile Home at Pasighat by the Juvenile Justice Board. 18. The learned Additional Public Prosecutor, Arunachal Pradesh, by referring to the CD, opposes the grant of bail to the alleged accused on the ground that the matter is still under investigation. Page No.# 6/7 19. However, she fairly submits that although the possession of the firearm by the accused was illegal, however, the evidence, so far collected reveals on the night of the incident, the Child in Conflict with Law(CCL) had stolen the firearm from the official car of the accused, as he was well aware that the accused used to carry the said gun in his vehicle. Thereafter, the Child in Conflict with Law(CCL) went to the I.B. side and shot the victim when she was closing her shop. This, as per the statement of the Child in Conflict with Law(CCL), was done with the intention to cause harm to the victim by the Child in Conflict with Law(CCL). 20. In light of the above, particularly considering the health condition of the accused and the length of detention inside the custody, this Court is of the opinion that the accused can be released on bail at this stage to allow him to receive proper medical treatment, subject to strict conditions. 21. Accordingly, the Court grants the bail application. The accused, Shri Kurli Gadi, shall be released on bail upon executing a bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the jurisdictional Court, subject to the following conditions: (i). The accused shall fully cooperate with the investigation and appear before the Investigating Officer as and when required. (ii). The accused shall not engage in any activity that may hamper or hinder the investigation. (iii). The accused shall not directly or indirectly induce, threaten, or promise any person involved in the case to dissuade them from disclosing facts or to tamper with evidence. (iv). The accused shall not leave the jurisdiction of the Court without Page No.# 7/7 prior permission. 22. With these directions and observations, the bail application is disposed of accordingly. 23. The CD be returned to the learned Additional Public Prosecutor, Arunachal Pradesh, immediately. JUDGE Comparing Assistant