Page No.# 1/4 GAHC040015112024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/112/2024 Mrs Tana Moni Wife of Shri Teri Domnic, a permanent and present resident of Village Tigdo, Po and PS Doimukh, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : N Rama, Teshi Aaku,N Kuma,T Rahul,N Kanu,P Tatam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 29.01.2025 1. Heard Mr. N. Rama, learned counsel for the petitioner. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the BNSS’ 2023 has been filed by the petitioner, namely, Mrs. Tana Moni, seeking bail of his younger brother, Mr. Tana Karung, who is detained behind the bars since 19.08.2024 (for last 161 days) in connection with Dolmukh WPS Case No. 86/2024 under Sections 103 (1)/3(5) of the BNS’ 2023. Page No.# 2/4 3. The gist of accusation in this case is that on 18.08.2024 one Shri Pate Apo had lodged an FIR before the Officer-in-Charge of Dolmukh Police Station, inter-alia, alleging that on 18.08.2024 at around 11.00 PM one Smt. Tulom Yaro and one Shri Tulom Muna came to his residence and informed him that the accused persons named in the FIR including the accused Mr. Tana Karung had brought the son of the informant to their neighbor’s house in a mysterious condition. 4. When the informant rushed to the place, he saw that his son was lying dead at the said spot. 5. Under such circumstances, suspecting the involvement of the accused persons named in the FIR, the said FIR was lodged. 6. It is submitted by the learned counsel for the petitioner that the accused Tana Karung is not involved in the offence alleged in the FIR. He however, submits that the Investigating Officer without completing the proper investigation has laid the charge-sheet against the five accused persons named in the FIR. He also submits that out of the five accused persons named in the FIR, as two of them were juvenile, they are already released on bail. 7. The learned counsel for the petitioner has also submitted that the accused Tana Karung has been languishing behind the bars for the last 161 days and he is ready to cooperate in the trial. 8. On the other hand, Ms. L. Hage, learned Additional Public Prosecutor has submitted that by order dated 20.01.2025, this Court had called for the FSL report of the deceased as well as the final report of the death. However, she submits that the FSL report is not yet collected by the Investigating Officer and only after collection of the same, the Page No.# 3/4 supplementary charge-sheet would be filed in the case. 9. I have considered the submissions made by the learned counsel for both the sides. 10. Since in this case, the charge-sheet has already been laid against the five numbers of accused persons including the present accused person Tana Karung under Section 103 (1)/3(5) of the BNS’ 2023 read with Section 21(a)/27 of the NDPS Act, 1985. 11. This Court is of considered opinion that merely on the ground that the FSL report is yet to be collected by the Investigating Officer, the accused may not be kept under detention for such a long period, if he is otherwise ready to face trial. 12. Under such circumstance, the accused person, namely, Mr. Tana Karung is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Yupia with the following conditions: i. That the accused person shall co-operate in the trial and shall appear before the Trial Court regularly on the date fixed for as well as whenever the such Court directs. ii. That the accused person shall not directly or indirectly make any inducement, threat or promise to any of the witnesses listed in the charge-sheet or any other person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts of the case during the trial before the Trial Court. Page No.# 4/4 13. With the above observation, this bail application is accordingly disposed of. JUDGE Comparing Assistant