Page No.# 1/5 GAHC040010512025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/92/2025 Hakhung Dikhimso Son of Shri Khrotokso Hakung, resident of Kathan, PO and PS Wakro, Lohit District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Jumgam Jini, T T Tara,Bamang Tatung,Gyamar Jeevan,Binter Picha,Risso Aking,Migo Laye,Tao Tarin,Taying Nega Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 24.07.2025 Heard Mr. T. T. Tara, learned counsel for the applicant. I have also heard Mr. G. Tado, learned Additional Public Prosecutor for the State. 2. The accused applicant has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail, apprehending his arrest in connection with Wakro P.S. Case No.18/2022, registered under Sections 326/307 of the IPC read with Section 25(1-B) Page No.# 2/5 (a)/27(a) of the Arms Act, 1959. 3. The case of the accused applicant is that he had lodged an FIR on 21.12.2022, before the Officer-in-Charge, Wakro Police Station, Lohit District, Arunachal Pradesh, inter-alia, alleging that 4(four) Chakmas had attacked him multiple times on both sides of his neck with a machete (dao), thereby, causing severe injury on his neck. The incident took place inside the demarcated district boundary line and the accused applicant claims that the said Chakmas had come with ill intention to capture his land. The said FIR was registered as Wakro P.S. Case No.17/2022, registered under Sections 326/307/506/34 of the IPC. However, the said case was not investigated into. 4. The further case of the accused applicant is that 2(two) days later a counter-FIR was lodged on 23.12.2022 by one Shri Sukra Sen Chakma (who was one of the accused in FIR dated 21.12.2022) against the present accused applicant before the Officer-in-Charge, Miao Police Station, Changlang District, Arunachal Pradesh, alleging that the accused applicant had caused gunshot injuries on his left hand and near his neck. Accordingly, the case was registered being Wakro P.S. Case No. 18/2022, under Sections 326/307 of the IPC read with Sections 25(1-B)(a)/27(a) of the Arms Act, 1959. 5. It is the further case of the accused applicant that one more FIR was lodged by Humnu Hakhung (an eye witness to the incident) before the Officer- in-Charge, Wakro Police Station, Lohit District, on 05.01.2023, alleging that the 4(four) Chakmas (including the informant in the second FIR dated 23.12.2022) had caused injuries to the present accused applicant, resulting in grievous injuries to his head, neck and right hand. It is further alleged that during the course of assault, one of the Chakmas was holding a long-barreled gun to Page No.# 3/5 intimidate the accused applicant. According to the learned Additional Public Prosecutor, this third FIR dated 05.01.2023 was clubbed with the first FIR dated 21.12.2022 lodged by the accused applicant. 6. Mr. Tara, learned counsel for the applicant submits that although the FIR was registered as far back as on 23.12.2022, for the past nearly 3 years, no steps have been taken by the Investigating Agency for proper investigation of the case or to arrest the petitioner, and the FIR lodged by the accused applicant has not even been investigated into, although the allegations in the said FIR was for causing grievous injuries and attempt to murder. He further submits that under the circumstances, the custodial interrogation of the accused applicant is not warranted. The accused applicant undertakes to cooperate with the investigation and to abide by any terms and condition. 7. The learned Addl. P.P. while opposing the prayer, submits that the accused applicant has been evading arrest in connection with the case for a considerable period, due to which the investigation of the case could not be completed till date. Thus, he does not deserve the discretionary relief of the pre arrest bail. 8. Upon hearing the parties and on consideration of the material on record, it is apparent that though the FIR pertains to the year 2022 and serious offences are alleged, the Investigating Agency has failed to secure the petitioner’s custody for nearly 3 years. While the petitioner’s conduct in avoiding arrest cannot be condoned, the prolonged inaction by the police also cannot justify indefinite denial of liberty. 9. Balancing the gravity of the allegations with the lapse of time and petitioner’s willingness to cooperate, the Court is of the view that the end of justice would be met by granting conditional protection to the accused Page No.# 4/5 applicant. 10. Accordingly, it is directed that in the event of arrest of the accused applicant Shri Hakhung Dikshimso @ Lambasulo, in connection with the aforesaid Wakro P.S. Case No.18/2022, registered under Sections 326/307 of the IPC read with Section 25(1-B)(a)/27(a) of the Arms Act, 1959, he shall be released on bail upon furnishing a bail bond of Rs.20,000/-(Rupees twenty thousand) only, with 2(two) sureties of the like amount to the satisfaction of Arresting Authority, subject to the following conditions: (i) That the accused applicant shall appear before the I.O. of the case within 15(fifteen) days from today, and co-operate with the investigation, and thereafter, shall report the police station/ I.O of the case every Saturday in between 10.00 AM to 12.00 noon until the Charge-sheet is filed; (ii) That the accused applicant 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/her from disclosing such facts to the Court or to any Police Officer; (iii) That the accused applicant shall not leave the jurisdiction of the district without prior permission of the Officer In charge of the concerned Police Station; and (iv) In case of breach of any of the above conditions or failure to appear before the I.O. of the case as directed, the Investigating Agency shall be at liberty to move appropriate application for cancellation of bail. Page No.# 5/5 11. With the above directions, the bail application stands allowed and disposed of. Return the CD. JUDGE Comparing Assistant