Page No.# 1/6 GAHC040017812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/150/2024 Tabing Lamgu Son of Late Longya Lamgu, resident of Upper Nyorch, Yupia, PO and PS Doimukh, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Pritam Taffo, Logsang Yountan,Dejum Tally,Tanur Gao,Eho Menjo,Tsering Gyatso,V Mandal,Adam Tatak Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07.01.2025 Heard Mr. P. Taffo, learned counsel for the applicant. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for grant of privilege of pre arrest bail to the accused applicant, namely, Shri Tabing Lamgu, in connection with Chayangtajo P.S. Case No. 06/2024 Page No.# 2/6 under Sections 103(2)/238(a)/61(2) BNS, 2023. 3. The case leading to filing of present bail application is that on 15.12.2024 at around 0200 hours, a written F.I.R. was received from one Shri Kojom Dada and Shri Talam Dada of Kapu Dada village to the effect that their father late Takom Dada went to his agriculture farm on 13.12.2024 located near Pachi river. On not returning back home by late Takom Dada, they filed a missing report at the Police Station Chayangtajo. On 14.12.2024, while searching for late Takom Dada along with the Police Personnel, his naked dead body was found stuck in between rocks in Pachi river. His naked dead body was retrieved and on physical verification, the dead body had cut marks on back, head and neck portion. The cut was of machete (dao). Also, his left-hand fingers were chopped off. Two fingers were recovered from the place of occurrence and two more are missing. It is also alleged that after the death of one late Longya Lamgu, the sons and brothers of late Longya Lamgu were planning to take revenge, accordingly, they executed their plan on 13.12.2024. One white Scorpio and one black/blue Thar along with white Scorpio of Shri Tabing Lamgu, the accused applicant herein, were spotted on the day of incident at around 10.00 am at Kote Camp, which is the nearest road point of place of occurrence. It is also alleged of pre-planned cold/blooded murder by the accused persons mentioned in the F.I.R. It is also further alleged that the accused persons brutally killed the informant’s father with well-planned conspiracy. 4. On receipt of the above F.I.R., a case was registered at Chayangtajo Police Station being Chayangtajo P.S. Case No. 06/2024 under Sections Page No.# 3/6 103(2)/238(a)/61(2) BNS, 2023. 5. The accused applicant, who is named in the F.I.R. at serial No. 2, apprehending arrest in connection with the above case, has preferred this bail application. 6. Mr. P. Taffo, learned counsel for the accused applicant submits that the cause of suspicion is that on 15.12.2023, the complainant’s father late Takom Dada had attacked the applicant’s father with a dao and caused grievous injuries and accordingly, an F.I.R. was lodged vide Seppa P.S. Case No. 118/2023, under Sections 326/120B/506/34 IPC, against the complainants and their late father Takom Dada. The father of the applicant recovered from his injuries but died in the month of April, 2024. Therefore, the complainants suspect that the death of their father is revenge killing and the present applicant was involved and participated in the alleged crime. Such suspicion is fortified by the fact that during the year 2023, when complainant’s father was grievously injured, there was hot exchange in a WhatsApp group between the complainants’ brother and the present applicant. To implicate the applicant, the complainants in the F.I.R, has categorically stated that the vehicle of the accused applicant was spotted on the day of the incident, near the place of occurrence. He submits that the complainants had lodged the F.I.R. against the accused applicant and 12 (twelve) others of his family members to harass them merely on suspicion. 7. Mr. Taffo, learned counsel, while taking the plea of alibi, submits that the accused applicant was part of a Lok Adalat held at Seppa in the premises of District Court building on 13.12.2024 as one of the members Page No.# 4/6 and was discharging his duty as a member of Lok Adalat organized by District Legal Authority Seppa, during the alleged commission of crime. Therefore, there is no involvement of the accused applicant in the commission of crime as alleged in the F.I.R. He submits that the accused applicant has been implicated on mere suspicion that he may be harboring grudge against the deceased person for injuring his father. He submits that the accused applicant himself is a medical patient suffering from serious diseases and had undergone major surgery at Medanta hospital, Gurgaon, in the year 2022. The accused applicant had to visit hospitals frequently, therefore, he is nowhere connected to the said commission of offence as alleged in the F.I.R. 8. Mr. Taffo, learned counsel further submits that the malafide intention of lodging the F.I.R. merely on suspicion is proved from the fact that one Shri Sopa Lamgu, who is in a rehabilitation center for de-addiction and Shri Tungfa Lamgu, who is undergoing coaching for competitive examinations at Delhi have also been made the accused persons in the case. The persons named in the F.I.R. are the brothers of the accused applicant or close kith and kins and the complainants being relatives know them in person. Therefore, anyone, who is closely connected with the accused applicant and his late father, has been implicated as an accused. He submits that the accused applicant is a practicing lawyer and he is one of the Executive Members of the Gauhati High Court, Itanagar Permanent Bench Bar Association (GHCIPBBA), who could never commit such heinous offence as alleged. Therefore, he submits that the accused applicant may be granted pre-arrest bail in connection with the aforesaid case. Page No.# 5/6 9. Ms. T. Jini, learned Additional Public Prosecutor, while placing the Case Diary and the Status Report of the investigation, submits that the accused applicant had arrived at Seppa on 13.12.2024 from Naharlagun on the pretext of Lok Adalat but suddenly, rushed back to Naharlagun at around 1300 hours, making an excuse that he has some emergency problem to attend. It reveals that on the way, he called in the unknown number when he reached Yupia and as per the investigation, late Takom Dada was murdered at around 1230 hours. On coming to know of the incident, the accused applicant had deleted all the call records and WhatsApp messages from his phone. It also reveals that he had openly threatened the family members of late Takom Dada on WhatsApp platform and also being a Deputy Legal Aid Defense Counsel under CJM Court, Seppa, East Kameng District, as per the statement of one co-accused Appu Dada, he met him in the Judicial Custody on the pretext of Legal Aid Program and tried to influence him to change his statement given to the Police. Therefore, he has not only tampered with the evidence, but has threatened and tried to influence the witnesses and as such, his actions lead to prima facie involvement in the death of late Takom Dada. Hence, the accused applicant is not entitled for pre-arrest bail at this stage. 10. I have considered the submissions of the learned counsels for the parties and also perused the Case Diary. 11. On consideration of the materials, it appears that the accused applicant prima facie appears to be involved in the crime. His deletion of all call records and WhatsApp messages from his phone, threatening the family members of late Takom Dada on WhatsApp platform and meeting Page No.# 6/6 the co-accused Apu Dada in the Judicial Custody on the pretext of Legal Aid Program and trying to influence him to change his statement, prima facie points towards his involvement in the crime. 12. Although, the accused applicant being a member of the Lok Adalat, attended the proceedings of the National Lok Adalat on 13.12.2024, thereafter his rushing back to Naharlagun on the same date, then switching off the mobile phone and deleting all the call records and WhatsApp messages from his mobile phone after hearing that an FIR was registered against him at Chayangtajo Police Station, his prima facie involvement in the crime with conspiracy angle cannot be ruled out at this stage. 13. Having observed above on the basis of the materials on the Case Diary, it is to be observed that the said observation is only for the purpose of consideration of this present bail application and the same is only a prima facie view of this Court. 14. Having considered the materials, this Court is of the view that the accused applicant is not entitled to be granted the privilege of pre-arrest bail at this stage. Accordingly, the prayer for bail is rejected. 15. The anticipatory bail application stands dismissed. 16. Send back the Case Diary. JUDGE Comparing Assistant