Page No.# 1/6 GAHC040004592026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/26/2026 Tapak Rava Son of Late Taw Rava, permanent resident of Keojaring Village, PO and PS nacho, Upper Subansiri District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tania Kipa, Advocate for the Respondent : P P of AP, Biri Esther,Nannu Yubi,Maklek Lego,Maji Dui,Tachung Nalo,K Gara,Uttam Deka,Chorpok Modi BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27.10.2025 Heard Mr. T. Kipa, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent and Mr. K. Gara, learned counsel for the informant. 2. This is an application under Section 483 of BNSS, 2023 praying for release of the accused person, namely, Smti Yamak Rava @ Tamik Rava, on bail in Page No.# 2/6 connection with Nacho P.S. Case No. 02/2026, under Sections 103(1)/61(2)/238/85/3(5) of BNS, 2023, who has been arrested on 26.03.2026. The applicant is the brother-in-law of the accused, Smti Yamak Rava @ Tamik Rava. 3. An F.I.R. was received from one Shri Tate Kargam Nalo on 26.03.2026 to the effect that her daughter, Late Yajar Nalo Rava, who was married to one Shri Tachik Rava, was subjected to severe mental and physical torture by her husband leading to a strained marital relationship. On 21.03.2026, at the residence of her husband at Nacho, her deceased daughter was brutally assaulted by her husband and also forcefully administered poison to her with the intention of killing her, owing to which, she became unconscious. She was left without any medical attention for two days. It is also alleged that the mother of the husband of the deceased daughter was also involved in the crime as she did not intervene or inform any relatives while she was present at the time of incident. Later on, when the neighbours discovered the incident, then only they took the deceased daughter to District Hospital, Daporijo on 23.03.2026 after 2 (two) days of the incident, where she was referred to Tomo Riba Institute of Health & Medical Sciences(TRIHMS), Naharlagun for further treatment and thereafter, again referred to Guwahati. On 24.03.2026, the deceased succumbed to her injuries and poison while she was brought to Down Town Hospital, Guwahati. It is further alleged that inaction of the mother of the husband, who was present at the time of incident to prevent such brutal assault or report the matter to the family, clearly indicates the involvement of the mother. Upon receipt of the said F.I.R., a case was registered, being Nacho P.S. Case No. 02/2026, under Sections 103(1)/61(2)/238/85/3(5) of BNS, 2023. 4. Mr. T. Kipa, learned counsel for the petitioner, submits that the accused is Page No.# 3/6 innocent and has been falsely implicated in the present case. The accused is the mother of the co-accused (husband of the deceased) and no specific overt act has been attributed to her. There had been prior instances indicating suicidal tendencies on the part of the deceased. On the date of the incident, the deceased consumed Paraquat (pesticide) on her own, without the knowledge of the present accused, who resides in the same premises but maintains a separate kitchen. He submits that upon coming to know of the incident, the accused immediately took steps to shift the deceased to the hospital and ensured that she was provided medical treatment, including referral to higher medical centres. Despite such efforts, the deceased unfortunately had died. He further submits that the implication of the accused is solely on the basis of her relationship with the co-accused without any direct material indicating her involvement. The accused has been in custody since 26.03.2026 and is a 65 year old widow suffering from ailments and her continued detention would adversely affect her health. Therefore, he prayed that the accused be released on bail. 5. Mr. T. Ete, on the other hand, while opposing the prayer for bail, submits that the allegations against the accused are serious in nature pertains to death of a married woman in her matrimonial home. The investigation is still at a nascent stage and the crucial aspects are yet to be unearthed and therefore, at this stage, release of the accused may adversely affect the investigation and there is also likelihood of hampering or tampering with the evidences or witnesses. 6. Considered the submissions of learned counsel for the parties and also perused the Case Diary. 7. A case has been registered being Nacho P.S. Case No. 02/2026, under Page No.# 4/6 Sections 103(1)/61(2)/238/85/3(5) of BNS, 2023, pursuant to an F.I.R. lodged by one Shri Tate Kargam Nalo. It is alleged that the deceased was subjected to severe mental and physical torture by her husband leading to strained marital relationship. On 21.03.2026, the deceased was brutally assaulted by her husband and also forcefully administered poison with the intention of killing her. Subsequently, on 24.03.2026, she succumbed to her injuries and poison while she was brought to Down Town Hospital, Guwahati. The allegation against the present accused is that she did not take any step to prevent the brutal assault or reported the matter to family, though she was present during the incident. 8. Record reveals that the present accused is aged about 62 years and she is the mother-in-law of the deceased. In her statement, the accused has stated that her deceased daughter-in-law along with others have attended a wedding ceremony on 21.03.2026 to 22.03.2026 happily. It is only on 23.03.2026, her deceased daughter-in-law reported that she was having some pain on her throat. Accordingly, she took her deceased daughter-in-law to hospital at Daporijo for medical treatment by hiring a Tata Mobile vehicle, wherefrom she was referred to Tomo Riba Institute of Health & Medical Sciences(TRIHMS) for further treatment and thereafter again referred to Down Town Hospital Guwahati, wherein the doctor declared her brought dead. The accused further stated that she did not see any consumption of poison by her deceased daughter-in-law and also did not know about any quarrel between the deceased daughter-in-law and her son. 9. On perusal of the Case Diary, it is noticed that nothing is indicted against the present accused except that she is the mother-in-law of the deceased, who is alleged to have been administered poison and assaulted by her husband. The records further indicate that the doctor, who examined the accused after her Page No.# 5/6 arrest, has opined that her health condition is not fit for continued police custody. 10. In view of above, although the offence alleged is heinous and serious in nature, considering the age and health condition of the accused and no material to show the involvement in the commission of offence alleged, this Court is of the considered view that the accused deserves to be released on bail. 11. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Daporijo, the accused, namely, Smti Yamak Rava @ Tamik Rava, be enlarged on bail, subject to the following conditions: (i) that the accused shall make herself available for interrogation by the Investigating Officer as and when required; (ii) that the accused 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; and (iii) that the accused shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Daporijo, without prior permission. Page No.# 6/6 Bail application stands disposed of in terms above. JUDGE Comparing Assistant