Page No.# 1/7 GAHC040000942025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/8/2025 Dopum Sonam Son of Tani Liyak Sonam, resident of Upper Liyak, PO and PS Seppa, East Kameng District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Khoda Tama, Radhe Sumpa,Tasso Dodung,Khoda Yubey,Jambey Tsering,R Barman,Sumit Chhetri,T Lampung Advocate for the Respondent : P P of AP, Linked Case : BA/9/2025 Tadak Lardak Murtem Age: 37 Occupation : Address:Son of Talar Komlar Murtem resident of Bomikoto PO and PS Daporijo Upper Subansiri District Arunachal Pradesh. VERSUS The State of AP Age: 0 Page No.# 2/7 Occupation : Address:represented by the PP of AP ------------ Advocate for : Khoda Tama Advocate for : P P of AP appearing for The State of AP: Advocate appearing for respectively. Linked Case : BA/11/2025 Tadak Lardak Murtem Age: 37 Occupation : Address:Son of Talar Kolar Murtem resident of Bomikoto PO and PS Daporijo Upper Subansiri District Arunachal Pradesh. VERSUS The State of AP Age: 0 Occupation : Address:represented by the PP of AP ------------ Advocate for : Khoda Tama Advocate for : P P of AP appearing for The State of AP: Advocate appearing for respectively. Linked Case : BA/12/2025 Kumar Tayem Age: 34 Occupation : Address:Son of Talebo Tayem resident of Sangkam Colony PO and PS Seppa East Kameng District Arunachal Pradesh. VERSUS Page No.# 3/7 The State of AP Age: 0 Occupation : Address:represented by the PP of AP ------------ Advocate for : Khoda Tama Advocate for : P P of AP appearing for The State of AP: Advocate appearing for respectively. Linked Case : BA/10/2025 Tadak Lardak Murtem Age: 37 Occupation : Address:Son of Talar Komlar Murtem resident of Bomikoto PO and PS Daporijo Upper Subansiri District Arunachal Pradesh. VERSUS The State of AP Age: 0 Occupation : Address:represented by the PP of AP ------------ Advocate for : Khoda Tama Advocate for : P P of AP appearing for The State of AP: Advocate appearing for respectively. Linked Case : BA/13/2025 Dopum Sonam Age: 26 Occupation : Address:Son of Tani Liyak Sonam resident of Upper Liyak PO and PS Seppa East Kameng District Arunachal Pradesh. Page No.# 4/7 VERSUS The State of AP Age: 0 Occupation : Address:represented by the PP of AP ------------ Advocate for : Khoda Tama Advocate for : P P of AP appearing for The State of AP: Advocate appearing for respectively. BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29-01-2025 1. Heard Mr. K. Tama, learned counsel for the applicants. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State. 2. By this common order, this Court proposes to dispose of these bail applications, being (i). BA No. 08/(AP)2025, (ii). BA No. 09/(AP)2025, (iii). BA No.10/(AP)2025, (iv). BA No. 11/(AP)2025, (v). BA No. 12/(AP)2025 and (vi). BA No. 13/(AP)2025. 3. The aforesaid bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are filed by (i). Shri Dopum Sonam for the accused Sheke Gyadi in BA No. 08/(AP)2025; (ii). Shri Tadak Lardak Murtem for the accused Robin Cheda in BA No. 09/(AP)2025; (iii). Shri Tadak Lardak Murtem for the accused Atam Gyadi in BA No. 10/(AP)2025; (iv). Shri Tadak Lardak Murtem for the accused Rajesh Mari in BA No. 11/(AP)2025; (v). Shri Kumar Tayem for the accused Tado Techi Tara in BA No. 12/(AP)2025 and (vi). Shri Dopum Sonam for the accused Siba Sonam in BA No. 13/(AP)2025, Page No.# 5/7 praying for grant of bail of the accused persons in connection with Itanagar Police Station Case No. 05/2025, under Sections 61/117(2)/138/238/310(2)/329(1)/351(2) of the BNS, 2023, corresponding to G. R. Case No. 20/2025. 4. The aforesaid Police Station case was registered on the basis of an F.I.R., which was lodged by one Shri Takam Tanio, on 07.01.2025, before the Officer- in-Charge of Itanagar Police Station. It has been alleged in the said F.I.R. that one Shri Lezen Gyadi along with 10 (ten) to 15 (fifteen) other unknown accused persons committed dacoity at the Genesis Timex Store located at Akashdeep Complex. It is also alleged that there was some altercation between the main accused and the owner of the shop and thereafter, a group of unknown miscreants entered the shop and vandalised it and also forcefully took away two DVRs of the CCTV footage and damaged other properties of the shop. 5. The learned counsel for the accused persons has submitted that the accused persons are not involved in the offence alleged in the said F.I.R. The learned counsel for the accused persons also submits that all the above-named accused persons were arrested on 08.01.2025 in connection with the aforesaid case on the pretext of verifying of their background and criminal antecedent in respect of the alleged offence and since then, they are languishing behind the bars. 6. It is also submitted by the learned counsel for the accused persons that very surprisingly, the main accused, Shri Lezen Gyadi has not yet been arrested, instead of that the Investigating Officer has issued notice under Section 35(3) of the BNS, 2023 to the said accused. He also submits that the present accused Page No.# 6/7 persons are ready to cooperate in the investigation and they are innocent and therefore prays for allowing them to go on bail. 7. On the other hand, Ms. L. Hage, learned Additional Public Prosecutor has produced the Case Diary of the Itanagar Police Station Case No. 05/2025 and has submitted that one of the above named accused during his statement recorded under Section 180 of the BNSS, has stated that he was present in the place of occurrence and has also taken away and destroyed the CPU. However, she submits that from the endorsement made in the Case Diary, it appears that the investigation has fairly progressed and the stolen CPUs and DVRs have been recovered. 8. Considering the submissions made by the learned counsels for the parties as well as after perusing the materials on record including the Case Diary of Itanagar Police Station Case No. 05/2025, this Court is of considered opinion that if the above-named accused persons cooperate in the investigation, their further custodial interrogation may not be necessary for fair completion of the investigation. 9. Hence, the above-named accused persons, namely, (i). Shri Sheke Gyadi, (ii). Shri Robin Cheda, (iii). Shri Atam Gyadi, (iv). Shri Rajesh Mari, (v). Shri Tado Techi Tara and (vi). Shri Siba Sonam, [In connection with Itanagar Police Station Case No. 05/2025, under Sections 61/117(2)/138/238/310(2)/329(1)/351(2) of the BNS, 2023], are allowed to go on bail on furnishing a bail bond of Rs. 30,000/- (Thirty Thousand) each, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Yupia, Papum Pare, subject, to the following conditions: Page No.# 7/7 (i). That the accused persons shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts either to the Investigating Officer or to the Court; and (ii). That the accused persons shall co-operate in the investigation of the case and appear before the Investigating Officer as and when called for. 10. Accordingly, the Bail Applications stand disposed of. JUDGE Comparing Assistant