Page No.# 1/5 GAHC040001092025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/15/2025 Rama Dada Son of Late Fei Dada, resident of Bosso 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 : Arup Bhatttacharjee, G T Sangma,D ZIrdo,Doli Mara Advocate for the Respondent : P P of AP, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 04.02.2025 Heard Mr. A. Bhattacharjee, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State. 2. This successive bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused person, namely, Shri Apu Dada, who was arrested on 21.12.2024, in connection with Chayangtajo P.S. Case No. 06/2024, under Sections 103(2)/238(a)/61(2) of BNS, 2023. 3. The case leading to filing of present bail application is that on 15.12.2024 at around 0200 hours, a written F.I.R. was received from one Shri Kojom Dada and Shri Talam Dada of Kapu Dada village to the effect that their father late Takom Dada went to his agriculture farm on 13.12.2024 located near Pachi river. On not returning back home by late Takom Dada, they filed a missing report at the Police Station Chayangtajo. On 14.12.2024, while searching for late Takom Dada along with the Police Personnel, his naked dead body was found stuck in between rocks in Pachi river. His naked dead body was retrieved and on physical verification, the dead body had cut marks on back, head and neck portion. The cut was of machete (dao). Also, his left-hand fingers were chopped off. Two fingers were recovered from the place of occurrence and two more are missing. It is also alleged that after the death of one late Longya Lamgu, the sons and brothers of late Longya Lamguwere planning to take revenge, accordingly, they executed their plan on 13.12.2024. One white Scorpio and one black/blue Thar along with white Scorpio of Shri Tabing Lamgu, were spotted on the day of Page No.# 3/5 incident at around 10.00 am at Kote Camp, which is the nearest road point of place of occurrence. It is also alleged of pre-planned/coldblooded murder by the accused persons mentioned in the F.I.R. It is also further alleged that the accused persons brutally killed the informant’s father with well-planned conspiracy. 4. On receipt of the above F.I.R., a case was registered at Chayangtajo Police Station being Chayangtajo P.S. Case No. 06/2024 under Sections 103(2)/238(a)/61(2) BNS, 2023. 5. The accused was arrested on 21.12.2024 and this successive bail application has been filed for release of the accused on bail. 6. This Court on 16.01.2025, rejected the bail application which was moved earlier being B.A. No.04(AP)2025, on having found certain materials in the Case Diary which indicates, prima facie, involvement of the accused in the crime. 7. Mr. Bhattacharjee, learned counsel for the applicant, submits that since the accused was arrested on 21.12.2024, by now, he has already spent more than 45 days and the accused has been thoroughly interrogated and his statement has also been recorded. He further submits that while in the judicial custody, the accused is suffering from various ailments, for which, a proper medical treatment is required. Therefore, he submits that the accused may be released on bail on any conditions that may be imposed by this Court. 8. Ms. T. Jini, learned Addl. P.P., by placing the Case Diary submits that the statement of the accused has already recorded under Section 183 of BNSS, 2023 and as per the Investigating Officer of the case, his custodial integration is Page No.# 4/5 not required any more. Therefore, she submits that this Court may pass appropriate order as may deem fit. 9. Considered the submissions of the learned counsel for the parties and also perused the Case Diary. 10. It is noticed that the accused was arrested on 21.12.2024, and has been in judicial custody for more than 45 days. The statement of the accused u/s 183 of BNSS, 203 has already been recorded. The Investigating Officer has stated that the custodial interrogation of the accused is not required any more. 11. Having considered that the custodial interrogation is not required any more as the accused has already been interrogated and his statement has also been recorded although the offence alleged are serious in nature, I am inclined to grant bail to the accused person, namely, Shri Apu Dada, in connection with Chayangtajo P.S. Case No. 06/2024, under Sections 103(2)/238(a)/61(2) of BNS, 2023. Accordingly, the accused, Shri Apu Dada, shall be released on bail, on furnishing a bail bond of Rs. 20,000/-(Rupees Twenty thousand) only with one surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Seppa, subject to the following conditions: (i) that the accused person shall co-operate with the investigation and shall appear before the Investigating Authority of the case as and when called for; (ii) that the accused person shall not in any manner contact with other co-accused as well as the witnesses in connection with this case; (iii) that the accused shall not directly or indirectly make any threat Page No.# 5/5 or inducement to any person with the knowledge of the facts to dissuade from disclosing such facts; and (iv) that the accused person shall not leave the jurisdiction of East Kameng District without the prior permission of the Investigating Officer of the case. 12. The Bail application stands allowed and disposed of. 13. A copy of this order be furnished to the learned Additional Public Prosecutor for the State for onward communication. Return the CD. JUDGE Comparing Assistant