Page No.# 1/4 GAHC040017992024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/153/2024 Paul Pada Son of Shri Tajir Pada, permanent resident of Village Ledum, PO Bilat, PS Ruksin, East Siang District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Dicky Panging, Doge Lona,B Padung,Vijay Jamoh Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08.01.2025 Heard Mr. D. Panging, learned counsel for the applicant. Also heard Mr. G. Tado, learned Addl. Public Prosecutor for the State. 2. This is an application filed under Section 482 of the BNNS, 2023, praying for grant of pre-arrest bail to the applicant, namely, Shri Paul Pada in connection with Ruksin P.S. Case No.14/2024, under Sections 308(2)/140(3)/3(5) of the BNS, 2023. Page No.# 2/4 3. The case set up by the prosecution is that on 14.12.2024, a written FIR was received from one Shri Sandeep Kr. Singh, currently working as Project Manager, TTC Infra India, to the effect that on 12.12.2024 at around 0230 hours, he was woken up by repeated honking of the vehicle while he was sleeping at the Guest house adjacent to the said office at Niglok Industrial area. He got up and opened the door, and saw two vehicles ( Mahindra Scorpio and Maruti Suzuki Swift) parked outside the door with two unidentified persons, who started abuse and threaten him as soon as he opened the door. They forcibly made him get inside the car and drove off to about 800 meters in a dark and silent area. They asked him to get down and physically abused him and threatened to kill him wielding with machete, if the demands of Shri Katon Padung were not met. Out of fear, the informant accepted their demands and then they took him to the Diesel dispenser, where the diesel was filled to full tank in the Mahindra Scorpio vehicle. Later, they drove off the complainant at the guest house. Again, at around 1002 hours, one Shri Katon Padung called to confirm the fulfillment of demands made by him. 4. On receipt of the above FIR, a case being Ruksin P.S. Case No.14/2024, under Sections 308(2)/140(3)/3(5) of the BNS, 2023 was registered. 5. Apprehending arrest in connection with the aforesaid case, the present applicant has filed this application. 6. Mr. D. Panging, learned counsel for the applicant submits that the present FIR has been filed falsely. It appears that the issue has arisen out of the assurance of some fund by the Project Manager for celebration of Solung festival. He submits that the accused applicant is a student studying in B.A. 6th semester at JN College, Pasighat. He has no idea about the incident and has Page No.# 3/4 never been part of such incident but being the friend of Shri Katon Padung, against whom the said FIR has been lodged, the applicant apprehends that he might be arrested. He submits that the offence being of punishable upto 7 (seven) years and the applicant has already appeared before the Police and recorded his statement on the basis of interim order passed by this Court on 23.12.2024, no custodial interrogation is required, the interim order dated 23.12.2024 may be made absolute. 7. Mr. G. Tado, learned Addl. Public Prosecutor for the State has produced the Case Diary. 8. Mr. Tado, learned Addl. P.P. submits that there are 6 (six) accused involved in the present case, out of which 4 (four) persons have approached this Court for grant of anticipatory bail and 2(two) others are still absconding. He submits that if the present applicant is granted bail, there is likelihood of influencing the other co-accused and hamper the investigation, therefore, the accused applicant is not entitled for bail at this stage. 9. I have heard the learned counsel for the parties and perused the Case Diary. 10. Although the I.O. of the case has stated that the accused applicant is not co-operating with the investigation and is unable to give any information regarding the involvement and whereabouts of remaining two suspects, on considering that the applicant has appeared before the I.O. of the case and his statement has been recorded, I am of the view that no custodial interrogation would be required. Therefore, I am incline to extend the privilege of pre-arrest bail to the accused applicant, namely, Shri Paul Pada. Page No.# 4/4 11. Accordingly, the interim bail dated 23.12.2024 granting pre-arrest bail to the applicant Shri Paul Pada, in connection with Ruksin P.S. Case No.14/2024, under Sections 308(2)/140(3)/3(5) of the BNS, 2023 is hereby made absolute on the following conditions: (i) the accused applicant shall co-operate with the investigation and shall appear before the Investigating Authority of the case as and when called for; (ii) the accused applicant shall not in any manner contact with the informant; and (iii) the accused applicant shall not directly or indirectly make any threat or inducement to any person with the knowledge of the facts to dissuade from disclosing such facts. 12. The Anticipatory Bail stands allowed and disposed of. Return the CD. JUDGE Comparing Assistant