Page No.# 1/6 GAHC040018782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/166/2024 Sambo Jilly Lamgu @ Kaler Lamgu Son of Late Longya Lamgu, resident of Pachin colony, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh 791110 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Marto Kato, Samir Kipa,V Mandal,Eho Menjo,Minter Karbak,Pritam Taffo 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 Sambo Jilly Lamgu @ Kaler Lamgu, in connection with Chayangtajo P.S. Page No.# 2/6 Case No. 06/2024 under Sections 103(2)/238(a)/61(2) BNS, 2023. 3. The case leading to filing of the 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 were 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, 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 103(2)/238(a)/61(2) BNS, 2023. Page No.# 3/6 5. The accused applicant, who is named in the F.I.R. at serial No. 7, 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 the 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. 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 on pure suspicion. 7. Mr. Taffo, learned counsel, while taking the plea of alibi, submits that the accused applicant is a patient of acute bronchial asthma (Pharyngitis) and in the month of November 2024, there was sudden attack of the same and the applicant had to be admitted in TRIHMS Hospital, Naharlagun on 18.11.2024 and was discharged on 22.11.2024. After the discharge, the accused applicant was engaged in collection of daily deposit of Lamgu Dhune Self Help Group of Naharlagun, for which he was paid by the said help group monthly for his sustenance. Hence, after the discharge from hospital, the applicant never left Naharlagun at any point of time, which shows his presence at Naharlagun on the alleged date of incident, i.e. Page No.# 4/6 13.12.2024. 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. 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, Shri Tungfa Lamgu, who is undergoing coaching for competitive examinations at Delhi, Shri Chongbin Lamgu, Junior Engineer, working at Itanagar and Shri Tabin Lamgu, who was with the Judicial Magistrate First Class, Seppa as a member of Lok Adalat proceeding on the date of occurrence of the incident, 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 suffering from chronic asthma and being physically weak, he could not have gone to an interior place like Chayangtajo. Therefore, he submits that the accused applicant may be granted pre-arrest bail in connection with the aforesaid case. 9. Ms. T. Jini, learned Additional Public Prosecutor, while placing the Case Diary and the Status Report of the investigation, submits that one arrested accused, Apu Dada disclosed that he had picked the accused applicant from another co-accused, Ashing Lamgu's house and dropped him at Richi-Lamgu village on 11.12.2024, but the applicant is not Page No.# 5/6 cooperating and misleading the investigation. The dead body of Lt. Takom Dada was discovered on 14.12.2024 by the family members and police, but the accused applicant called the mobile number of co-accused, Apu Dada on 13.12.2024 from the unknown number and asked him if he heard about the murder of Lt. Takom Dada and what actions the Dada family are taking against it, which clearly indicates that the accused applicant and his family members are prima facie involved in the murder of Lt. Takom Dada. The accused applicant left his regular mobile number at his house and left for Seppa with an unknown number from Pachin Colony, Naharlagun. This is because on 12.12.2024 and 13.12.2024, the people who called in his regular number said that the mobile phone was answered by his wife, Smti. Ani Tallang and he had left for Seppa on 11.12.2024, which clearly contradicts the statement of the accused applicant. The arrested co- accused, Apu Dada, also disclosed that the accused applicant called him from an unknown number on 11.12.2024 & 13.12.2024 and not by his regular number. The accused applicant was also involved in last year’s fire incident, where he and his family members burnt and damaged the quarter of Shri Kojom Dada (son of Lt. Takom Dada) when Lt. Takom Dada attacked Lt. Longya Lamgu with machete. The unknown number tower location is shown at Pachin Colony, where the accused applicant lives. Ms. Jini submits that his actions lead to prima facie involvement in the death of late Takom Dada. Hence, she submits that as his custodial interrogation is necessary, 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. Page No.# 6/6 11. On consideration of the materials, it appears that the accused applicant prima facie appears to be involved in the crime. His leaving for Seppa on 11.12.2024, the use of an unknown number to call the co- accused on the day of the occurrence of incident, his knowledge about the alleged incident a day before the family members & Police discovered the dead body of Lt. Takom Dada and non-cooperation and attempt to mislead the investigation, as well as his involvement in last year’s fire incident, where he and his family members burnt and damaged the quarter of Shri Kojom Dada (son of Lt. Takom Dada), prima facie points towards his involvement in the crime. 12. 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. 13. Having considered the materials, this Court is of the view that the accused applicant is not entitled to be extended the privilege of pre-arrest bail at this stage. Accordingly, the prayer for bail is rejected. 14. The anticipatory bail application stands dismissed. 15. Send back the Case Diary. JUDGE Comparing Assistant