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2025 DAILYLAW 4528 (GAU)

Langkung Anand v. The State of AP

AB/63/2025 · 2025-05-12

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/3 GAHC040006842025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/63/2025 Langkung Anand Son of Lankung Tame, resident of Near MLA Cottage, PO and PS Itanagar, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Teto Taba, Nimcha Hondique,C Ering,Begi Taba Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 13-05-2025 Heard learned counsel for the petitioner, Mr. Teto Taba. 2. This application is a subsequent pre arrest bail application filed by the petitioner on the ground that he is undergoing medical treatment at Ramakrishna Mission Hospital at Itanagar. In order to support his contentions the petitioner has annexed the medical reports dated 23.04.2025 at Annexure 3 of the petition. Page No.# 2/3 3. It is stated that the petitioner is suffering from acute Hepatitis and coax abdomen pain. The learned counsel for the petitioner submits that in his present medical condition he is not fit to be kept in custody and on this ground alone the petitioner has prayed that he may be granted pre arrest bail. 4. Learned Public Prosecutor, Mr. T. Ete has stated that this is not a change in circumstance but it is a new issue which is brought up by the petitioner in this petition. It is stated by the learned P.P. that in the earlier application No. AB 41/2025, this Court has already gone into all the facts and the allegation made against the petitioner and had dismissed the application by order dated 11.04.2025. The sinequa non for filing a subsequent bail application is that there has to be a change in circumstances 5. Learned P.P. therefore, states that the petitioner has been evading the process of investigation and has raised a new issue about his sickness in this petition. Learned P.P. also states that at the stage of arrest if the petitioner is found to be suffering from illness and unfit to be kept in custody the police will obviously consider the doctor’s opinion before taking him into custody. Accordingly he has submitted that the present application has no merit and is liable to be dismissed at this stage. 6. This Court has perused the application and also the previous order dated 11.04.2025 passed by this Court. The court has already come to a conclusion that the custodial interrogation of the petitioner is required in this case as there are many other persons involved in the case and the Page No.# 3/3 nexus can be uncovered only if the present petitioner is arrested and custodial interrogation is carried out. Therefore, the application is dismissed being devoid of merit. However, the arresting authority shall consider the medical condition of the petitioner and doctor’s opinion before taking any coercive steps. Petition is disposed of. JUDGE Comparing Assistant