Page No.# 1/5 GAHC040018972024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/167/2024 Rasam Lamgu Son of Late Sono 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, Samir Kipa,Nyali Sora,Mepe Ete dvocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08-01-2025 Heard Mr. M. Kato, 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 Rasam Lamgu, in connection with Chayangtajo P.S. Case No. 06/2024 under Sections 103(2)/238(a)/61(2) of BNS, 2023. Page No.# 2/5 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 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. 1, Page No.# 3/5 apprehending arrest in connection with the above case, has preferred this bail application. 6. Mr. M. Kato, 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. 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. Kato, learned counsel, while taking the plea of alibi, submits that the accused applicant is a villager and he was present in the village on the alleged date of occurrence of the incident, i.e. 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. 8. Mr. Kato, 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 Page No.# 4/5 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 father, has been implicated as an accused. 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, Shri Rasam Lamgu left his house on 12.12.2024 but not for Mithun searching as stated by him in his statement. The accused applicant left his mobile phone at his house and left his house on the night of 11.12.2024 because when one Shri Padang Lamgu called in the number of the accused applicant, his wife picked up the call and she told him that the accused applicant is not at house. It was heard from the villagers and sources that Shri Rasham Lamgu and co-accused Shri Kaller Lamgu were seen together at village on the night of 11.12.2024. Therefore, 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.# 5/5 11. On consideration of the materials, it appears that the accused applicant prima facie appears to be involved in the crime. His leaving of his mobile phone at his house on the night of the occurrence of the incident and him being sighted with the co-accused Shri Kaller Lamgu at village on the night of 11.12.2024 by the villagers, points towards his involvement in the crime. 12. The accused applicant being sighted with the co-accused Shri Kaller Lamgu at the village on the night of 11.12.2024 by the villagers, 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 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. Return back the Case Diary. JUDGE Comparing Assistant