Page No.# 1/6 GAHC040018542024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/158/2024 Shri Ashing Lamgu S/o Lt. Tamang Lamgu, R/o Type ii colony, Seppa, PO/PS Seppa, District East kameng, Arunachal Pradesh Ph. No. 9436225942 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, 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 Ashing Lamgu, in connection with Chayangtajo P.S. Case No. 06/2024 under Sections 103(2)/238(a)/61(2) BNS, 2023. Page No.# 2/6 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. 5. The accused applicant, who is named in the F.I.R. at serial No.12, Page No.# 3/6 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 the 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 being the cousin brother is 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 Block Education Officer (BEO), who was performing his duties at Seppa and never left the station since November, 2024. On the alleged day of incident, i.e. on 13.12.2024 also, he was busy performing his duties pertaining to updating the students’ database at his Office in Seppa, for which the Office staff and colleagues working under Block Education Office are witnesses to his presence at Seppa. He submits that the applicant has CCTV installed at his home and his movements from home is recorded therein and from the recordings also it would be clear that the applicant was present at Seppa on the day of occurrence of the incident. Therefore, there is no involvement of the accused applicant in Page No.# 4/6 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 late cousin brother. 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 his late brother, 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 one co-accused, Shri Kaller Lamgu, had visited the accused applicants house on 11.12.2024. He received calls 3 (three) times from the unknown number used by the co-accused, namely, Shri Kaller Lamgu on 13.12.2024 and after receiving call from the said number, the accused applicant has denied receiving any calls from such number, however, as per the CDR, the accused applicant has all the call records but the call history of the said phone has been deleted. It also reveals that the accused applicant Page No.# 5/6 was never in favour of compromising the settlement of death of his brother late Longya Lamgu when the complainant’s family approached him. 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 receiving of calls 3 (three) times from the unknown number used by the co-accused, namely, Kaller Lamgu on 13.12.2024, thereafter, deletion of all call records from his phone, visit from the co-accused, Shri Kaller Lamgu, to his house on 11.12.2024 and not being in favour of compromising the settlement of death of his brother late Longya Lamgu when the complainant’s family approached him, prima facie points towards his involvement in the crime. 12. The deletion of all the call records from his mobile phone after hearing that an FIR 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 points towards involvement of the applicant in the crime. Therefore, the conspiracy angle also cannot be ruled out. 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 Page No.# 6/6 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 extended 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