This anticipatory bail application was rejected by the Gauhati High Court. The Court held that the offences were serious and the investigation was ongoing with 13 witnesses examined. Extending bail was deemed likely to misdirect the investigation.
The anticipatory bail application was rejected; the privilege of pre-arrest bail could not be extended.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040004362022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 43/2022
1:Apoh @ Aphoh Naham Son of Late Pulai Naham,
Permanent Resident of Longphong Village, PO and PS Longding, Longding District, Arunachal Pradesh.
VERSUS
1:THE STATE OF AP Represented by the Public Prosecutor
Advocate for the Petitioner : G Taloh
Advocate for the Respondent : J. Tsering, PP.
L. Kurdu.
BEFORE
HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 26-04-2022
Heard Mr. G. Taloh, learned counsel for the applicant and also heard Mr. J. Tsering, learned PP for the State as well as Mr. L. Kurdu, learned counsel for the informant/victim.
It is to be noted here that this application has been preferred by applicant, namely, Shri Apoh @ Aphoh Naham for grant of prearrest bail apprehending arrest in connection with Pongchau P.S.
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Case No.05/2022 under Section 363/302/34 IPC.
Pursuant to the order, dated 19.04.2022, the learned PP has produced the Case Diary before this Court and submits that the offences, as alleged, in the FIR are serious in nature and I.O. has collected sufficient incriminating materials in support of his submission and therefore, the learned PP has contended to dismiss the petition.
On the other hand, Mr. L. Kurdu, learned counsel for the informant/victim submits that the offences are serious in nature and that the applicant is a very influential person and if he is enlarged on bail, at this stage, the investigation may be hampered.
Per contra Mr. G. Taloh, learned counsel for the applicant submits that the applicant is serving as a Teacher and that the case was registered on 08.04.2022 and since then, the I.O. of the case got sufficient opportunity to investigate the case and several witnesses have already been examined and as such, his custodial interrogation is not required, here, in this case and therefore, it is contended to allow the petition.
It is to be noted here that Pongchau P.S. Case No.05/2022 under 363/302/34 IPC has been registered on the basis of one FIR lodged by one Puman Wangsa on 08.04.2022 alleging that one Shri Aching Wangshar, chief of Longphong village, Sri Akhung Wahgpan, HGB of Longphong village, Abo Wangsu, bpc, Longphong and Apoh Naham, Teacher, kidnapped one Wangjaw Wangsa, S/o Sri Longsha
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Wangsa, from Nyanjee colony Pongchau and murdered him on 07.04.2022, at Longphong village.
Also perused the Case Diary with the assistance of Mr. J. Tsering, learned PP for the State of Arunachal Pradesh.
It appears that I.O. has examined as many as 13 witnesses, here, in this case and collected sufficient materials in support of the allegations made in the FIR. The offences are serious in nature and the investigation is still going on. And extending the benefit of prearrest bail to the applicant, at this stage, will misdirect the investigation.
Considering the above and also considering the submission of learned Advocates of both sides, this Court is of the considered view that this is not a fit case where the privilege of pre-arrest bail can be extended to the applicant. Accordingly, this anticipatory bail application stands rejected, at this stage.
The Case Diary be sent back.
Comparing Assistant
3 issues framed by the court
Whether pre-arrest bail should be granted to the applicant in a serious criminal case involving kidnapping and murder pending investigation.
Whether extending bail at this stage would misdirect the ongoing investigation.
If the applicant's influence as a teacher poses a hindrance to the investigation.
1 provisions across 1 enactments
Apoh @ Aphoh Naham
THE STATE OF AP
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
