Page No.# 1/3 GAHC040001102025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/16/2025 Rahul Tana Son of Shri Paffa Tana, a permanent resident of Village Palin, PO Pijerang, PS Pakke Kessang, Pakke Kessang District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : T T Tara, Pondit Ronya,Kirmani Lollen,Terji Kamchi,Taba Tokur,Khoda Apa,Gamken Bam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 27-01-2025 Heard Mr. T. T. Tara, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been filed by the brother-in-law of the accused, namely, Miss Maya Sangchoju, praying for grant of bail to the accused, who has Page No.# 2/3 been detained behind bars since 25.11.2023 [for the last 1 (one) year 2 (two) months] in connection with Bomdila Session Case No. 04/2024, pending before the District & Sessions Court, Seppa, East Kameng District, Arunachal Pradesh. 3. The learned counsel for the applicant has submitted that earlier the Sessions Case was pending before the Court of the learned Sessions Judge, Bomdila, from where it has been transferred to the Court of the learned Sessions Judge, Seppa, East Kameng District. It is also submitted by the learned counsel for the applicant that the trial is pending at the stage of argument as the statement of the accused under Section 351 of the BNSS, 2023 has already been recorded. The learned counsel for the applicant has fairly submitted that though the witnesses who have been examined during the trial have implicated the present accused and there are incriminating materials against her, however, he has prayed for bail on the ground of long incarceration of the present accused. He also submits that though the case has already been transferred to the Court of the learned Sessions Judge, Seppa, it is yet to be registered and obviously, it would take some time before it is finally disposed of and on that ground, he is seeking bail of the present accused. 4. On the other hand, Ms. T. Jini, learned Additional Public Prosecutor has vehemently opposed the grant of bail to the present accused on the ground that there are sufficient incriminating materials against her in the records as the prosecution witness have deposed against her, implicating her in the charges framed against her. She has also submitted that as the case is pending at the last stage of trial, it would not be proper to release the accused person on bail merely on the ground of long incarceration. Page No.# 3/3 5. I have heard the submissions made by the learned counsels for both the sides and have perused the materials available on record. 6. There is no dispute at the Bar that there are sufficient incriminating materials against the present accused in the records of the Trial Court. The only ground on which the prayer for bail has been made is the long incarceration of 1 (one) year 2 (two) months behind bars of the present accused. 7. Though the present accused is detained behind the bars for last 1 (one) year and 2 (two) months, however, considering the incriminating materials against the present accused in records as well as considering the stage of the trial, as the trial is near its end and is fixed at the stage of argument, this Court is of the considered opinion that this is not a fit case where bail should be granted to the accused at this stage. Hence, the prayer for bail is rejected. 8. The bail application stands disposed of. JUDGE Comparing Assistant