Page No.# 1/4 GAHC040006932025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/46/2025 Chapo Phassang Son of Late Chakang Phassang, resident of Senki View , Near Zion Kids School, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Pritam Taffo, Eho Menjo,Rosy C Lowangcha,Preety Moyong,V Mandal,Minter Karbak Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 25-09-2025 Heard Mr. P. Taffo, learned counsel for the applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State and Mr. A. Tiwari, learned counsel for the complainant. 2. This application under Section 483 of BNSS, 2023 is filed praying for grant of bail to the accused person, namely, Ashing Lamgu in connection Page No.# 2/4 with Chayangtajo P.S. Case No.06/2024 under Section 103(2)/238(a)/61(2) of BNS, 2023. 3. The case, in brief, 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 marks were 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 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 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 Page No.# 3/4 103(2)/238(a)/61(2) of the BNS, 2023. The present accused is a named accused at Serial No. 12 in the F.I.R. 5. This Court on 09.06.2025, having considered the serious health condition of the accused, granted interim bail for a period of 3(three) months. 6. It is submitted by Mr. P. Taffo, learned counsel for the applicant that pursuant to the order of this Court dated 09.06.2025, the petitioner was released on bail and thereafter, the accused continue to undergo medical treatment. He submits that accused is still undergoing regular medical treatment in view of his serious health problem. Further, the accused applicant is regularly attending the trail before the learned Trial court however, on certain occasions; the accused had to be exempted from his appearance by the learned trial court on the ground of his serious medical problem. Despite his serious medical problem, he is appearing today before the learned trial court for consideration of charges in the matter. Therefore, he submits that the accused applicant may be allowed to go on bail on the ground of health/medical problem. 7. Mr. D. Loyi, learned Public Prosecutor and Mr. A. Tiwari, learned counsel for the complainant have fairly submitted that in view of the observation made by the Hon’ble Supreme Court in the case of co- accused, it would be appropriate for the accused to surrender before the learned trial court and seek bail as the petitioner appears to be seriously suffering from certain ailments. Page No.# 4/4 8. Having considered the submission of learned counsel for the applicant/accused and the submissions of learned Public Prosecutor and the learned counsel for the complainant, without going into the merit of the matter as well as, as agreed to by the parties, I deem it appropriate to dispose of this application with a direction to the accused to surrender before the learned Sessions Judge, Kamrup (Metro), Guwahati, and file bail application for his release. 9. Accordingly, it is directed that the accused, namely, Ashing Lamgu shall surrender before the learned Session Judge, Kamrup (Metro), Guwahati, within a period of 15(fifteen) days from today and may file appropriate application for bail before the learned trial court. 10. Needless to observe that the learned trial court shall consider the bail application of the accused, on its own merit. 11. The petitioner is allowed to remain on bail in terms of the order dated 09.06.2025 for 15(fifteen) days. 12. Bail application stands disposed of. JUDGE Comparing Assistant