Page No.# 1/6 GAHC040018552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/159/2024 Shri Nisham Lamgu S/o Lt. Sono Lamgu, R/o Type ii colony, Seppa, PO/PS Seppa, District East kameng, Arunachal Pradesh VERSUS THE STATE OF AP represented by public prosecutor of Arunachal Pradesh Advocate for the Petitioner : Eho Menjo, Tana Rini,V Mandal,Pritam Taffo Advocate for the Respondent : P P of AP, Page No.# 2/6 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 Nisham Lamgu, in connection with Chayangtajo P.S. Case No. 06/2024 under Sections 103(2)/238(a)/61(2) of 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 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 Page No.# 3/6 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) of BNS, 2023. 5. The accused applicant, who is named in the F.I.R. at serial No. 10, 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 cousin brother 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 cousin brother 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 merely on suspicion. Page No.# 4/6 7. Mr. Taffo, learned counsel, while taking the plea of alibi, submits that the accused applicant is a Political Interpreter (P.I) and in the intervening period, the applicant was requested by two clans, Bagang and Naba, to mediate their prolonged dispute as per Nyishi customary law at Itanagar. Hence, the applicant availed earned leave for 12 (twelve) days from his office with effect from 12.12.2024 to 23.12.2024. Accordingly, he arrived at Itanagar on 12.12.2023 and held meetings with both the parties at Hotel Naharlagun. The CCTV footage of the Hotel on 12.12.2024 and 13.12.2024 proves his presence at Itanagar on the alleged date of incident. 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. 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 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 cousin brother, has been implicated as an accused. Therefore, he submits that the accused applicant may be granted pre-arrest bail in Page No.# 5/6 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 there is no material against the accused applicant of his involvement in the alleged incident in the Case Diary as he appears to be at Naharlagun/Itanagar on the date of occurrence of the incident, i.e. 13.12.2024. 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 being a Political Interpreter (P.I), has been engaging in the mediation to a dispute at Itanagar at the relevant point of time. No material is shown to establish his connection or involvement in the alleged 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 entitled to the privilege of pre-arrest bail. 14. Accordingly, the interim order dated 23.12.2024, granting pre-arrest bail to the applicant, namely, Shri Nisham Lamgu, in connection with Chayangtajo P.S. Case No. 06/2024 under Sections 103(2)/238(a)/61(2) of BNS, 2023 is hereby made absolute on the following conditions: Page No.# 6/6 (i). The accused applicant shall co-operate with the investigation and shall appear before the Investigating Authority as and when directed; and (ii). The accused applicant 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. 15. The anticipatory bail application stands disposed of. 16. Return back the Case Diary. JUDGE Comparing Assistant