Page No.# 1/7 GAHC040006132026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/40/2026 Michael Tajo Son of Late Harku Tajo, resident of Niti Vihar, Itanagar, PO Bank Tinali, PS Niti Vihar, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Jambey Tsering Kee, Dejum Tally,Techi Topu Advocate for the Respondent : P P of AP, Topuk Gocham,Gyamar Jeevan,Taying Nega,Tao Tarin,Binter Picha,Jumgam Jini BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 13.05.2026 Heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. J. Tsering Kee, learned counsel for the accused applicant. Also heard Mr. D. Loyi, learned Public Prosecutor for the State and Mr. J. Jini, learned counsel for the complainant through the virtual mode. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail to the accused applicant, Page No.# 2/7 namely Shri Micheal Tajo, in connection with Nirjuli P.S. Case No. 25/2026, registered under Sections 331(5)/117(2)/119(1)/127(2)/324(3)/324(4)/351 and 3(5) of the BNS, 2023. 3. An FIR was lodged on 25.04.2026 by one Smti Nabam Memik Taw, alleging, inter alia, that her husband, Shri Taw Tamar, who is a government employee under the Public Works Department, posted at Capital Division (B), Itanagar was assaulted by Micheal Tajo, accused applicant along with some other persons and also subjected to an attempt of extortion. It was alleged that on 23.04.2026 at about 8:48 a.m., the accused applicant along with two PSOs and five other persons criminally trespassed into their house at Lekhi village; that the accused persons came in two vehicles bearing registration numbers AR- 05-MT-0003 and AR-02-C-1997; that the group of accused persons forcibly trespassed into their premises and after confining her husband inside the premises, physically assaulted him and attempted to drag him into the abovementioned vehicles with the intent to abduct him; that they forcibly snatched her husband’s mobile phone and attempted to extort money by threatening him with dire consequences if the amount was not paid; that the incident occurred in the presence of at least two eyewitnesses, namely Mr. Nabam Bagang and Mr. Nabam Bado; and that she apprehended that her husband’s life and liberty as well as the safety of the family remained under threat. 4. In view of the aforesaid FIR, the police registered Nirjuli Police Station Case No. 25/2026 under the aforementioned sections. 5. This Court, vide order dated 05.05.2026, upon consideration of the medical grounds and other materials on record, granted interim pre-arrest bail Page No.# 3/7 to the accused applicant. 6. Case Diary in the instant case has been produced and the same is perused. 7. Mr. Jini, learned counsel appearing for the complainant has submitted a copy of the written arguments along with certain photographs captured from the CCTV footage during the aforesaid incident in the instant application. 8. Mr. Tiwari, learned Senior Counsel for the accused applicant submits that though allegations have been levelled against the accused applicant, no offence of criminal trespass or extortion is made out in the present case. He submits that the accused applicant along with some other persons, had gone to the house of the husband of the informant only with the intention of recovering an amount running into several lakhs of rupees, which had earlier been paid by the accused applicant to the victim for procurement of certain work. Learned Senior Counsel further submits that the victim had induced the accused applicant to pay the said amount on the assurance of providing certain work; however, as the work was not provided to him, the accused applicant demanded return of the money. He submits that after coming to know that the promised work was not provided, the accused applicant tried to contact the victim on several occasions, but could not reach him as his phone was found switched off. Having no other alternative, the accused applicant along with others went to the victim’s house, where an altercation took place and thereafter, the accused applicant and the accompanying persons left the place. He further submits that the brother of the accused applicant has also filed a complaint against the victim before the police; however, the same is yet to be registered. 9. Mr. Tiwari, learned Senior Counsel, submits that there is no element of Page No.# 4/7 criminal trespass in the instant case. He submits that Section 331(5) of the BNS relates to lurking house-trespass or house-breaking. However, in the instant case, as evident from the FIR, no such lurking house-trespass or house-breaking is made out. In fact, there is no allegation of any lurking house-trespass or house-breaking in the instant case. He further submits that the ingredients of Section 119(1) of the BNS, which relates to voluntarily causing hurt or grievous hurt to extort property or to constrain a person to do an illegal act, are also not attracted, as there was no attempt to extort any money from the victim. Rather, the accused applicant had gone to recover his own money which had already been paid to the victim. Therefore, the visit made by the accused applicant along with others cannot be termed as a forceful entry. He submits that there is no extortion in the instant case, nor any attempt at extortion, as it has already been submitted that the accused applicant had gone to the place of occurrence, i.e., the premises of the victim, only for the purpose of recovering the money earlier paid to the victim. 10. Learned Senior Counsel also submits that the accused applicant is presently under medical supervision and has been advised complete bed rest for at least one month by the doctors of a reputed hospital in Guwahati. It is submitted that the accused applicant has recently undergone surgery for piles and is undergoing treatment at a reputed hospital in Guwahati. Despite his ailment, and in view of the ongoing investigation as well as the order dated 05.05.2026, the accused applicant appeared before the Investigating Authority on 05.05.2026 and recorded his statement before the Investigating Officer of the case. Learned Senior Counsel has referred to Annexure-2 at page 46, which is a medical certificate issued by the Apollo Hospital, Guwahati, dated 11.05.2026, wherein the accused applicant has been advised to take complete Page No.# 5/7 bed rest for one month. In view of the aforesaid, Mr. Tiwari submits that although there are certain alleged criminal antecedents against the accused applicant, the same are yet to be proved in accordance with law, taking into consideration the present health condition of the accused applicant and the utmost requirement of medical treatment, and also considering that he has already been cooperating with the investigation and is willing to continue to cooperate with the investigation, the interim relief granted by this Court vide order dated 05.05.2026 should be made absolute at this stage. 11. The learned Public Prosecutor, on the other hand, opposes the bail application, submitting that the accused applicant is a habitual offender and is involved in several cases which are pending against him. It is submitted that in the instant case also, though the accused applicant claims to be holding a respectable position, he has committed the alleged offences, as a result of which the victim has been hurt and humiliated. He further submits that there are sufficient materials on record indicating the involvement of the accused applicant in the instant case. Therefore, at this stage, since the investigation is still ongoing, the accused applicant should not be granted bail. 12. Mr. J. Jini, learned counsel appearing for the complainant/victim, submits that the accused applicant is a habitual offender and has been involved in several cases of extortion and intimidation in the past. He submits that the accused applicant, along with his brother and other persons, criminally trespassed into the house of the informant and attempted to extort money from the victim by physically assaulting him. He further submits that there was no occasion for any payment or recovery of money by the accused applicant from the victim. He submits that the accused applicant never paid any money to the victim for procuring any work, as the victim is not authorized to allot any Page No.# 6/7 government work to the accused applicant. He submits that the concerned work was awarded to the most eligible person through a due tender process, and therefore, there was no occasion for taking money or providing work to the accused applicant. In view of the aforesaid, at this stage, the accused applicant should not be granted bail. 13. This Court has heard the submissions made by the learned counsel appearing for the respective parties and has also perused the Case Diary. 14. It is seen from the Case Diary, as well as from the disclosures made in the application, that the accused applicant was involved in certain offences earlier also, which are still pending against him. It is further seen that the accused applicant, along with other persons, went to the house of the informant/victim and an altercation took place between them. It is also seen that the injuries suffered by the victim are not of a serious nature and no major visible external injuries were found on the victim. It is further noticed that the investigation is still ongoing, and the Investigating Officer has already recorded the statements of the accused applicant, the victim, the informant, as well as several other witnesses. 15. Taking into account the health condition of the accused applicant in the instant case, and also considering the fact that the accused applicant has already appeared before the Investigating Officer and got recorded his statement, this Court is of the considered opinion that the interim relief granted to the accused applicant should be made absolute, subject to the further condition that the accused applicant shall fully cooperate with the investigation and make himself available as and when required by the Investigating Officer. However, it is needless to state that the Investigating Officer shall also take into account the health condition of the accused applicant while requiring his Page No.# 7/7 attendance. 16. It is further directed that the accused applicant shall not leave Itanagar without prior intimation to the Officer-in-Charge of Nirjuli Police Station. 17. In terms of the aforesaid directions, the instant pre-arrest bail application is disposed of, as allowed. Case Diary be returned. JUDGE Comparing Assistant