The Gauhati High Court (Itanagar Bench) converted an interim order granting pre-arrest bail to an absolute order, holding that custodial detention was unwarranted despite the state's contention regarding lack of cooperation.
Interim order dated 04.02.2022 made absolute; Case Diary sent back; Appeal disposed of.
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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GAHC040001082022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : Crl.Petn. 5/2022
1:Tapak Lendo S/o Late Karngu Nguchu Lendo R/o Papunallah, Near Niba Hospital, Arunachal Pradesh 791110
VERSUS
1:THE STATE OF AP Represented through Public Prosecutor, Arunachal Pradesh
Advocate for the Petitioner : Jyoti Zongluju
Advocate for the Respondent : P P of AP
BEFORE HONBLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 25-04-2022
Heard Mr. C. Joshi, learned counsel for the petitioner and also heard Ms. T. Jini, learned Additional Public Prosecutor for the State respondent.
This application under Section 482/438 Cr.P.C, is preferred by the applicant Shri Tapak Lendo for granting pre-arrest bail, who apprehended arrest in connection with Naharlagun, P.S. Case No. 03/2022 registered under sections 120B/ 121A/ 147/ 149/ 150, 188/ 341/ 427/ 511/ 34 of the Indian Penal Code,
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read with Section 83(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015.
It is to be noted here that Naharlagun P.S. Case No. 03/2022 registered under sections 120B/ 121A/ 147/ 149/ 150/ 188/ 341/ 427/ 511/ 34 of the Indian Penal Code, has been registered on the basis of one FIR lodge by Shri Dekio Gumja, SDPO, Naharlagun to the effect of an organization under name and style of All Nishi youth Association, has called 36 hours bandh from 13.01.2022 to 14.01.2022, which is declared illegal by the Deputy Commissioner Itanagar Capital region, vide order dated 13.01.2021, under Section 143 Cr.P.C, read with Section 03 of Arunachal Pradesh, Prevention of unlawful activities Act, 2014 and at about 11.00 AM on that day, during the course of the patrolling, the complainant has identified 11 group of men and two juvenile loitering at Helipad Colony armed with catapults and stones trying to enforce the bandh call and all of them have arrested and two juvenile have also been taken into custory.
During interrogation, it was revealed that they have been engaged by one Shri Ram Flago, who managed their arrival from various places in the State and for the past few days they have camped at his residence in Sood village, and they have been paid a sum of Rs. 500/- (Five hundred) to 1000/- (one thousand), each, to participate in oppose bandh call.
Mr. C. Joshi, learned counsel for the applicants submits that pursuant to order dated 04.02.2022 of this Court, the applicant has appeared before the I.O twice and his statements was recorded and he has been co-operating in the investigation agency and since registration of the Case, 3 (three) months has already elapsed and therefore, it is contended to make the interim order absolute.
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On the other hand, Ms. T. Jini, learned Additional Public Prosecutor has opposed the petition on the ground that the applicant has not been cooperating with the investigating agency.
I have perused the Case Diary produced before this Court by the learned Additional Public Prosecutor and I find that the I.O has achieved substantial progress in the investigation.
Considering the materials collected so far in the Case Diary as well as the progress of investigation, custodial detention of the applicants seems to be unwarranted.
Accordingly, this Court is inclined to make interim order dated 04.02.2022, absolute in the same terms and conditions.
Case Diary be sent back.
This Appeal stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail application filed under Sections 482/438 Cr.P.C. should be made absolute.
Whether custodial detention of the applicant is warranted considering the progress of investigation.
2 provisions across 1 enactments
Tapak Lendo
The State of Arunachal Pradesh
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
