Page No.# 1/7 GAHC040003032025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/23/2025 Smti Taba Michri Wife of Dr Balang Lamgu, resident of Midpu 2, PO and PS Doimukh, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mukesh Prasad, Jumnya Rina,S K Sharma,H.Dirchi Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 22-04-2025 Heard Mr. S. Sharma, learned counsel for the applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State of Arunachal Pradesh and Mr. A. Tiwari, learned counsel appearing for the complainant. 2. This is a second bail application filed under Section 482 of the BNSS, 2023, praying for grant of privilege of pre-arrest bail to the accused person, namely, Shri Ashing Lamgu, in connection with Chayangtajo P.S. Page No.# 2/7 Case No. 06/2024 under Sections 103(2)/238(a)/61(2) of the BNS, 2023. 3. The case leading to filing of the 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 were missing. It is also alleged that after the death of one late Longya Lamgu, the sons and brothers of late Longya Lamgu were 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 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 cold-blooded 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) of the BNS, 2023. The present accused is named at Page No.# 3/7 Serial No. 12 in the F.I.R. 5. This Court on 19.03.2025, directed the Max Super Specialty Hospital, Saket, New Delhi, to constitute a Medical Board to examine the health condition of the accused and thereafter, a report be submitted to this Court. Accordingly, the Medical Board report from the Max Super Specialty Hospital dated 01.04.2025 has been received by the Registry of this Court. 6. The report reflects that the Medical Board has gone through entire medical records of the accused available at the Hospital. The patient was suffering from post-hepatectomy liver failure due to HBV related Chronic Liver Disease with Hepatocellular carcinoma, with right hepatectomy conducted in an outside hospital on 08.01.2025. The patient was brought to the hospital on 15.01.2025 in a sick condition and was managed conservatively and discharged on 18.02.2025. It has further observed that in order to give opinion on exact medical condition of the accused, it is imperative that the accused is examined by concerned doctor and meet the Medical Board with latest prescription by treating doctor and relevant investigation reports. Perusal of the above report indicates that the accused is, no doubt, suffering from chronic liver disease which was treated in the said hospital and now has been discharged on 18.02.2025. 7. Mr. S. Sharma, learned counsel for the accused submits that the earlier bail application being AB No. 158 of 2024 was rejected by this Court due to insufficient materials and assistance by the learned counsel for the parties. The accused has appeared before the Investigating Officer on 28.12.2024, when this Hon’ble Court had granted interim bail by the order dated 23.12.2024, wherein, the Investigating Officer has thoroughly Page No.# 4/7 interrogated the accused and recorded his statement. 8. He submits that the present subsequent bail application following the rejection of the earlier bail application by this Hon’ble Court on 07.01.2025 in AB No. 158 of 2024, is on medical ground. The medical prescription as well as the report of the Medical Board clearly discloses the serious illness of the accused, who is not fit to be put in the custody. He submits that the accused is ready to cooperate with the Investigating Officer and there is no chance of tampering with the evidence and he being a Government employee and a permanent resident of Chayantajo in the East Kameng District, there is no chance of absconding also. 9. Mr. Sharma, learned counsel submits that the Police has already filed a Charge-sheet on 09.04.2025 against 5 (five) accused persons out of total 13 (thirteen) accused persons. The Police, without there being any materials, has prayed for filing of supplementary charge sheet after the arrest of present accused person and has acknowledged that the present accused person is undergoing medical treatment. Therefore, the accused person namely, Ashing Lamgu may be extended the privilege of pre-arrest bail. 10. Mr. D. Loyi, learned Public Prosecutor submits that this Court has already rejected the pre-arrest bail application on 07.01.2025 in the earlier bail application being AB No. 158 of 2024 after consideration of the materials and having found prima facie involvement of the present accused in the case. He submits that the accused persons after rejection of the earlier bail application were absconding and evading arrest. On 28.12.2024, the present accused person appeared before the Investigation Page No.# 5/7 Officer after an interim bail was granted on 23.12.2024. However, the present accused person has not cooperate with the investigation by stating that he had no idea about the murder of late Takom Dada and have never received call from any number, whereas, records reveal that he had connection with the other co-accused and the other co-accused had visited him and communicated through a mobile phone being No. 918413008705. 11. Mr. Loyi, learned Public Prosecutor submits that the Medical Report of the Max Super Specialty Hospital, Saket, New Delhi, dated 01.04.2025 clearly reflects that the accused has already been discharged on 18.02.2025 after his treatment and it has also observed that the exact medical condition of the accused be examined by the concerned doctor. Therefore, the accused is also not entitled to be extended the privilege of pre-arrest bail even on medical ground. 12. I have considered the submissions of the learned counsels for the parties and have also perused the materials available on record including the Case Diary and Charge-sheet. 13. As noted above, this Court on 07.01.2025 in AB No. 158 of 2024 has rejected the bail application of the present accused on having found prima facie involvement of the accused with the case based on the materials, although pending production of the Case Diary, the accused was granted bail. 14. Records reveal that even after rejection of the bail application of the accused, the accused appears to have been absconding and evading Page No.# 6/7 arrest. No doubt the accused appears to be suffering from chronic liver disease as per the Medical Board report of the Max Super Specialty Hospital, Saket, New Delhi, dated 01.04.2024, he has been discharged on 18.02.2025 after providing treatment. The report also indicates that in order to give opinion on exact medical condition of the accused, it is imperative that the accused is examined by the concerned doctor and meet the Medical Board with latest prescription by treating doctor and relevant investigation reports. 15. On a pointed query to the learned counsel for the accused, as regards the exact medical condition which the Medical Board had opined to get examined by the concerned doctor and meet the Medical Board with latest prescription by treating doctor and investigation report, no plausible answer could be offered. Thus, the accused appears to be in good condition, more so he has been discharged on 18.02.2025 after treatment at the Max Super Specialty Hospital, Saket, New Delhi. 16. Materials on record, reveals that the accused has received call three times from the unknown mobile number being 91843008705 used by co- accused one Shri Kaller Lamgu after the incident but the accused has denied of having received the calls in his statement recorded on 28.12.2024. It is also seen that the accused was absconding and evading arrest even after rejection of his earlier bail application. 17. Having considered above, I am of the considered view that the accused namely, Ashing Lamgu is not entitled to be extended the privilege of pre-arrest bail on medical ground as the Medical Board report of the Max Super Specialty Hospital, Saket, New Delhi, dated 01.04.2025 clearly Page No.# 7/7 reflects that the accused has been discharged on 18.02.2025 after proper treatment of his ailments at the said hospital. 18. Accordingly, this subsequent bail application is rejected and stands disposed of. 19. Send back the Case Diary. JUDGE Comparing Assistant