Page No.# 1/6 GAHC040013532025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/103/2025 Kanong Moyong Son of Late Ojing Moyong, resident of Village Lingka, PO and PS Ruksin, East Siang District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Orin Modi, Duram Miyu,Ajit Bonia,Nabam Hari,Noni Nobeng,S Taye Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 27.08.2025 Heard Mr. O. Modi, learned counsel for the petitioner. Also heard Ms T. Jini, learned Additional Public Prosecutor for the State. 2. Instant bail application under Section 483 BNSS, 2023 has been filed by the, namely, Shri Kanong Moyong on behalf of the accused Smti. Elsa Taid who has been arrested on 02.08.2025 in connection with Dambuk Page No.# 2/6 P.S. Case No.12/2025 under Section 103(1)/3(5) of BNS, 2023 and since then she is in judicial custody. 3. By filing this application, the accused person, namely, Smti. Elsa Taid prays that she may be allowed to go on bail. The facts of the case are that an FIR dated 01.08.2025 was lodged by one Shri Kenchi Doke, Sub- Inspector, SG, I/C Police out-post, Paglam, Lower Dibang Valley, Arunachal Pradesh stating that at about 16:30 Hrs, on 01.08.2025, 4(four) ladies, namely, (1) Oiyow Taid Morang, (2) Smti. Elsa Taid Moyong, (3) Smti. Huola Taid, (4) Smti. Oneem Jongkey accompanied by one Shri Abba Taid appeared at the out-post and reported that on the same day, at around 16:15 Hrs, aforesaid ladies had a quarrel with late Donesh Doley at the residence of Shri Jitendra Taid at Village Paglam and during the course of quarrel, late Donesh Doley fell from the wooden stairs and later on he died. On reaching the place of occurrence and after preliminary enquiry, it was learnt that there was an eye witness, namely, Smti. Probadai Taid to the whole incident and she stated before the police that, in fact, the aforesaid 4(four) ladies had physically assaulted late Donesh Doley and owing to which, he died on spot. 4. The aforesaid 4(four) accused ladies were formally arrested by the police, vide arrest memo dated 02.05.2025 and since then they have been lodged in the sub-jail of Roing. 5. The learned counsel for the applicant/accused submits that the fact leading to the incident alleged in the FIR arose because of the father of Page No.# 3/6 the accused, Elsa Taid, Mr. Kolen Taid, brought one lady, Smti. Koseri Kutum with an intention to marry her from nearby village on 31.07.2025 to his residence at Gadum Village. It is submitted that the lady was arranged by the deceased late Donesh Doley and on hearing about the arrangement of such marriage, the accused, Smti. Huola Taid, wife of Mr. Kolen Taid, Smti. Oneem Jongkey, Daughter-in-law of Kolen Taid, Smti. Oiyow Taid Morang, niece of Kolen Taid and Smti. Elsa Taid, daughter of Kolen Taid, all accused, immediately went to Gadum village for a family discussion about the matter and while reaching there, they found gate closed and house locked. After sometime, Mr. Kolen Taid came out and allegedly assaulted Kanong Moyong, the husband of Elsa Taid with a machete on his back, thereby, causing severe injury, for which, an FIR was lodged before the OC PS Mebo and injured Kanong Moyong was shifted to hospital for treatment. 6. It is the case of the applicant/accused that while the accused Elsa Taid, Oiyow Taid Morang, Oneem Jonkey and Huola Taid were searching for the women brought by Kolen Taid, they went to the house of Jitendra Taid located at Paglam. They found the deceased Donesh Doley consuming alcohol and allegedly drunk. The aforesaid 4(four) ladies then confronted deceased Donesh Doley, questioning about the marriage, to which, deceased Donesh Doley allegedly took out knife and chased the accused persons. While chasing the accused persons, deceased Donesh Doley fell down from the traditional wooden staircase and later on, he was found dead. Page No.# 4/6 7. It is also submitted by the learned counsel for the applicant/accused that the aforesaid 4(four) ladies without spending much time, went to the out-post at Paglam and informed about the incident. The learned counsel submits that the death of the deceased Donesh Doley occurred due to a sudden fall from the staircase as he was drunk and due to his old age, he died later on. The incident is purely of accidental in nature and there was no intention on the part of the accused persons to kill the deceased Donesh Doley. 8. The learned counsel for the applicant/accused submits that as has been stated before, Smti. Elsa Taid is in judicial custody and is lodged at present in sub-jail in Roing. He submits that the accused has a breastfeeding child of 6(six) months, who is languishing in jail along with mother and suffering from fever. He further submits that her statement has already been recorded by the Investigating Officer. Therefore, in view of her medical condition and also being a breastfeeding mother of 6(six) months infant, the petitioner may be allowed to go on bail. 9. It is pertinent to mention herein that a bail application on behalf of the petitioner was moved before the Court of Sessions Judge, Anjaw/Dibang Valley/Lohit/Lower Dibang Valley/Namsai District, Headquarter at Tezu, Arunachal Pradesh which had already been rejected by the learned Sessions Judge, vide his order dated 11.08.2025. 10. The Case Diary in the instant case has been submitted in the Court today. Page No.# 5/6 11. This Court has perused the relevant materials in the Case Diary; it is seen from the statement made before the Investigating Officer by one Smti Porbadoi Taid, named in the FIR as witness, wherein she denied that she had seen the whole incident. She only stated that there were some confrontations between the victim and the accused and other co-accused persons. However, what exactly happened to the victim, she was not aware of and she did not see how the victim died. The investigation in the case is yet to be completed. 12. Heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent. The learned Additional Public Prosecutor also after going through the Case Diary, fairly submits that prima facie, it cannot be ascertained as to how actually the victim died. Therefore, she submits that she does not object to the prayer of the accused person to be released on bail at this stage with some conditions that may be fixed by this Court. 13. Upon hearing the learned counsel for the parties and after perusal of the Case Diary, this Court is of the considered opinion that this is a fit case, wherein, the accused person may be released on bail. 14. Therefore, this Court directs that the accused person be released from the concerned jail and put her at liberty with the following conditions: i. That the accused shall be allowed to go on bail on furnishing a bail bond of Rs. 20,000/- (Rupees twenty thousand) with one surety of Page No.# 6/6 like amount to the satisfaction of the concerned authority; ii. That the accused shall cooperate and appear before the Investigating Officer as and when required; iii. That the accused shall not temper or hamper with the investigation of the case in any manner; and iv. That the accused 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 from disclosing such facts to the Court or to any police officer; 15. Accordingly, instant bail application is disposed of as allowed. JUDGE Comparing Assistant