Page No.# 1/3 GAHC040014472025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/115/2025 Dello Tamin Son of Porde Tamin, permanent resident of Village Dugi, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Duyu Laji, Ojong Nitik Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 25.09.2025 Heard Mr. T. L. S. Tamin, learned counsel for the applicant. Also heard Ms. Topi Jini, learned Addl. Public Prosecutor, appearing on behalf of the respondent State of Arunachal Pradesh. 2. The accused, herein, was arrested on 13.05.2025, in connection with Daporijo Police Station Case No. 16/2025 under Sections 109(1)/118(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, and since then, he is inside the custody for about 7(seven) months. 3. By filing this bail application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, the petitioner who is the brother-in-law of the accused, has prayed for his release on health ground. Page No.# 2/3 4. It is submitted by Mr. Tamin, learned counsel for the petitioner, that the accused has been undergoing medical treatment for various ailments for several years and had also undergone a Jaboulay Procedue(surgery for fluid accumulation around the testicles) in the month of July, 2023. The accused was also diagnosed with spondylotic changes in the cervical and thoracic spine(wear-and-tear degeneration of neck and joints) on 13th May, 2024 and had sought treatment for the same. It was further submitted that during his judicial custody, the accused was brought to the District Hospital, Daporijo, on 05.06.2025 and 26.06.2025 due to unbearable pain in the groin region and back and the accused was diagnosed with mild colitis and single RT renal calculi(kidney stone). 5. On said submissions made by the learned counsel for the petitioner, this Court on 12.09.2025, had directed the learned Addl. Public Prosecutor, Arunachal Pradesh, to obtain a detailed health status report of the accused from the concerned jail authorities. 6. In compliance of the above directions, the learned Addl. Public Prosecutor, has placed before this Court, a copy of the W.T. Message addressed to the learned Public Prosecutor, Arunachal Pradesh, by the Jail Superintendent, Judicial Lockup, Daporijo, dated 22.09.2025. As per the said W.T. Message, the accused is stated to have been undergoing medical treatment and he was brought before the District Hospital, Daporijo, as and when pain in his stomach had occurred i.e. on 12.04.2025, 28.04.2025, 25.05.2025, 05.07.2025, 10.07.2025, 09.10.2025, 13.09.2025, and 16.09.2025, but there is no improvement in his health condition. The said W.T. Message also referred regarding the accused having received treatment at TRIHMS at Naharlagun where he had undergone surgery for fluid accumulation in his stomach. The W.T. Message also revealed that the health status of the accused has not improved and he need care of medicine specialist from outside the District where the surgery was done. 7. Ms. Jini, learned Additional Public Prosecutor, Arunachal Pradesh, has fairly submitted that considering the present health condition of the accused, she has Page No.# 3/3 no objection to the grant of bail to the accused, herein, receive necessary medical treatment. 8. In view of the above and without considering the merit of the case, this Court is of the considered opinion that the bail prayer of the accused, can be considered in order to enable him to receive proper medical treatment outside the Daporijo i.e. at TRIHMS at Naharlagun where he had received his earlier treated and operated. 9. Accordingly, without going into the merit of the case, the instant bail application is hereby allowed on health ground. 10. The accused Shri Tadak Timba is directed to be released on bail in connection with Daporijo P.S. Case No. 16/2025 under Sections 109(1)/118(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, upon furnishing a bail bond of Rs. 20,000/-(Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned trial Court subject to the following conditions: (i). that the accused shall appear before the learned trial Court for trial on each date as may be fixed by the learned trial Court; (ii). that the accused shall give his health updates before the learned trial Court; and (iii). 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. 11. With the above directions, the bail application stands disposed of. 12. The trial Court records be returned forthwith. JUDGE Comparing Assistant