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2026 DAILYLAW 5221 (GAU)

Ngurang Apha v. The State of AP

AB/35/2026 · 2026-04-29

Kardak Ete

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC040005572026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/35/2026 Ngurang Apha Son of Late Ngurang Todi, a resident of P Sector Nrijuli, PO and PS Nirjuli, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Nabam Rama, Teshi Aaku,Techi Ita Tara,N Kuma,P Tatam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 30-04-2026 Heard Mr. N. Rama, learned counsel for the accused/applicant. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for grant of pre-arrest bail to the accused/applicant, namely, Shri Ngurang Apha, in connection with Naharlagun Police Station Case No. 36/2026, registered under Sections 118(2)/3(5) of the Bharatiya Nagarik Sanhita (BNS), 2023. Page No.# 2/4 3. The case emanates from an FIR lodged on 31.03.2026 by the informant, Shri Padi Taka, at Naharlagun Police Station, to the effect that on 30.03.2026, between 6:00 PM and 7:00 PM, his son, namely, Shri Padi Kra (aged about 19 years), was subjected to a grievous and life-threatening assault. It is stated that a group of around 7-8 unidentified boys unlawfully attacked his son with deadly weapons (dao/machete), resulting in sustaining deep cuts on the head and severe bleeding with critical injuries. The nature of the attack clearly indicates an intention to cause grievous harm and endanger his life. As per reliable information, the following persons were involved in the attack, namely, Chow Ananda Namchoom, Nang Rupa Pomoung (parents of Nang Sinthiya Namchoom) and Nang Queencha Namchoom (cousin of Nang Sinthiya Namchoom). The aforesaid persons are stated to be currently residing at the Rajiv Gandhi University campus, Rono Hills. It is further stated that it was only due to timely intervention of bystanders that the life of the informant’s son was saved; otherwise, it would have resulted in his death. 4. Pursuant thereto, a case was registered being Naharlagun P.S. Case No. 36/2026 was registered under Sections 118(2)/3(5) of the BNS, 2023. 5. Mr. N. Rama, learned counsel for the applicant, submits that the applicant is not named in the FIR and has no role in the alleged assault on the informant’s son. It is submitted that the only role attributable to the applicant is that he attempted to mediate for two of his friends, who were allegedly disturbed by the victim, Shri Padi Kra. He submits that the applicant is a student pursuing B.Sc. Agriculture at Rajiv Gandhi University, Rono Hills and is preparing for his 4th semester examination scheduled in the month of May, 2026. It is further submitted that pursuant to the interim protection granted by Page No.# 3/4 this Court on 23.04.2026, the applicant has been released on bail and is cooperating with the investigating authority. It is therefore prayed that the applicant be granted the privilege of pre-arrest bail. 6. Mr. T. Ete, learned Additional Public Prosecutor, by placing the Case Diary, fairly submits that during interrogation, the accused/applicant has admitted his involvement before the investigating authority and the weapon (dao/machete) used in the incident as well as the CCTV footage have been collected; therefore, no custodial interrogation of the accused/applicant would be required and the investigation is almost complete. 7. I have considered the submissions advanced by learned counsel for the parties and have also perused the scanned copy of the Case Diary. 8. As per the Case Diary and the investigation carried out so far, a prima facie case appears to be made out against the accused/applicant. However, the applicant is a student pursuing B.Sc. Agriculture at the Rajiv Gandhi University and is preparing for his examination, which is scheduled in the month of May, 2026 and as the investigation is almost complete, no custodial interrogation of the accused/applicant may be required. Thus, it would be appropriate to extend the privilege of pre-arrest bail to the accused/applicant. 9. Having considered above, this Court is of the considered view that the accused/applicant is entitled to be admitted to the privilege of pre-arrest bail. Accordingly, the order dated 23.04.2026, granting interim bail to the accused/ applicant, namely, Shri Ngurang Apha in connection with Naharlagun P.S. Case No. 36/2026, under Sections 118(2)/3(5) of BNS, 2023, is hereby made absolute, on the same terms and conditions. Page No.# 4/4 10. Anticipatory Bail application stands allowed and disposed of. JUDGE Comparing Assistant