Page No.# 1/6 GAHC040018702024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/162/2024 Tongdang Lamgu Son of Late Longya Lamgu, resident of Richi Lamgu, PO Pipu, PS Chayangtajo, East Kameng District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Marto Kato, V Mandal,Tabing Lamgu,Eho Menjo,Adam Tatak,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 Tongdang 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 set 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 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. 3, 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 teacher and was with his students at Channku in the entire month of December, 2024 and his presence at School on 12.12.2024 and 13.12.2024, i.e. during the time of alleged commission of crime can be authenticated by the students and his colleagues of the school. 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 Page No.# 4/6 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 a Government Servant, 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. 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 usually visits NSCBAV (Netaji Subash Chandra Bose Avasiya Vidyalaya) school located at Chanku, Tabri Village from Seppa once in a month and stays for only two to three days as confirmed by other school teachers but this time, he stayed for 6 (six) days straight at school from 08.12.2024 to 13.12.2024. It reveals that on early morning hours of 14.12.2024 at around 0500 hrs, he left for Seppa and switched off his mobile phone after reaching Seppa at 1019 hrs before the dead body of Lt. Takom Dada was discovered by family members and Police team. It also reveals that on 13.12.2024, the accused applicant, Tungdang Lamgu Page No.# 5/6 went to Pachi river for fishing alone as confirmed by teacher and student of NSCBAV school. The route which he took led to the place of occurrence. The accused applicant and his brother, co-accused Kaller Lamgu, were continuously talking on the unknown number on 13.12.2024 during the time when Lt. Takom Dada had reached at his agricultural farm. On coming to know of the incident, the accused applicant had deleted all the call records from his phone and has denied receiving any calls from such number, however, as per the CDR, the accused applicant has all the call records. The accused applicant also switched off his mobile phone on 14.12.2024 before the discovery of dead body of Lt. Takom Dada. Therefore, he has tampered with the evidence and 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. 11. On consideration of the materials, it appears that the accused applicant prima facie appears to be involved in the crime. His continuous talking on the unknown number used by the co-accused, namely, Kaller Lamgu on 13.12.2024, thereafter, deletion of all call records from his phone on 13.12.2024 and switching off his mobile phone on 14.12.2024 before the discovery of dead body of Lt. Takom Dada and also going to Pachi river for fishing alone on the route which led to the place of occurrence, prima facie points towards his involvement in the crime. 12. The deletion of all the call records by the applicant from his mobile Page No.# 6/6 phone after hearing that an F.I.R. was registered against him at Chayangtajo Police Station and later denying of receiving any calls from the unknown number used by the co-accused, namely, Kaller Lamgu on 13.12.2024, prima facie shows his involvement in the crime. 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 the privilege of pre-arrest bail at this stage. Accordingly, the prayer bail is rejected. 15. The anticipatory bail application stands dismissed. 16. Send back the Case Diary. JUDGE Comparing Assistant