Allowed¶22

Tadak Nungnu @ Gapdak v. The State of Ap

Gauhati HC17 Mar 2025AB/27/2025

Case brief

AI extract

What is this about?

Anticipatory / pre-arrest bail; Section 482 BNSS 2023; BNS 2023 Sections 75(2)/77/78(2)/329(4)/3(5); Daporijo P.S. Case No.11/2025; Upper Subansiri District, Arunachal Pradesh; interim pre-arrest bail dated 06.03.2025 made absolute; applicant co-operating with I.O.; custodial interrogation not required; conditions of availability and non-interference; Gauhati High Court Itanagar Bench; AB/27/2025; Justice Parthivjyoti Saikia; 18.03.2025; application allowed and disposed of.

What did the court decide?

Pre-arrest bail granted; interim pre-arrest bail dated 06.03.2025 made absolute subject to two conditions (availability before the I.O. as and when required; no direct or indirect inducement, threat or promises to dissuade persons acquainted with the facts); the anticipatory application stands allowed and disposed of. ¶22

Tadak Nungnu @ Gapdak Vs The State of Ap — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the applicant under Section 482 of the BNSS, 2023 in connection with Daporijo P.S. Case No.11/2025 (Sections 75(2)/77/78(2)/329(4)/3(5) of the BNS, 2023).

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Court's answer

As the applicant has been co-operating with the Investigating Officer, further remand and custodial interrogation of the applicant may not be required; accordingly, the pre-arrest bail application stands allowed.

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Ratio / Principle

The interim pre-arrest bail dated 06.03.2025 passed by this Court is made absolute, subject to the conditions that the accused applicant shall make himself available for further investigation before the I.O. as and when required, and that he shall not directly or indirectly make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to any Police Officer.

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Detailed headnote1 paragraphs

Gauhati High Court (Itanagar Bench), Case No. AB/27/2025, order dated 18.03.2025 by Honourable Mr. Justice Parthivjyoti Saikia: Application under Section 482 of the BNSS, 2023 for pre-arrest bail by Tadak Nungnu @ Gapdak in connection with Daporijo P.S. Case No.11/2025 under Sections 75(2)/77/78(2)/329(4)/3(5) of the BNS, 2023. Interim pre-arrest bail had been granted on 06.03.2025; pursuant thereto the applicant appeared before the I.O. and his statement was recorded on 08.03.2025. Holding that, since the applicant was co-operating with the I.O., further remand and custodial interrogation were not required, the Court allowed the application and made the interim pre-arrest bail of 06.03.2025 absolute, subject to conditions of continued availability for investigation and abstention from inducement, threat or promises to dissuade persons acquainted with the facts; the anticipatory application stands allowed and disposed of.

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Page No.# 1/2

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GAHC040003432025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : AB/27/2025

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Tadak Nungnu @ Gapdak

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Son of Shri Tagab Nungnu, resident of near Rijo Ground, Daporijo, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh.

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VERSUS

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The State of AP represented by the PP of AP

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Advocate for the Petitioner : Chorpok Modi, Wanglat Khomrang,M Lego,Tame Rimi,Maji Dui,K Gara,Uttam Deka

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Advocate for the Respondent : P P of AP,

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 18.03.2025

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Heard Mr. C. Modi, learned counsel for the applicant and Mr. T. Ete, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

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This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the applicant, namely, Shri Tadak Nangnu @ Gapdak in connection with Daporijo P.S. Case No.11/2025, under Sections 75(2)/77/78(2)/329(4)/3(5) of the BNS, 2023.

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Page No.# 2/2

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On 06.03.2025, this Court had granted interim pre-arrest bail to the applicant, Shri Tadak Nangnu @ Gapdak. Pursuant to the interim order, the applicant had already appeared before the I.O. of the case and his statement has also been recorded on 08.03.2025.

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Since the applicant has been co-operating with the I.O. of the case, further remand and custodial interrogation of the applicant may not be required. Accordingly, the pre-arrest bail application stands allowed. The interim prearrest bail dated 06.03.2025, passed by this Court is hereby made absolute on the following conditions: -

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(i) That the accused applicant shall make himself available for further investigation before the I.O. as and when required; and

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(ii) That he shall not directly or indirectly make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to any Police Officer.

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With the above, this anticipatory application stands allowed and disposed

of.

Send back the CD.

JUDGE

Comparing Assistant

Tadak Nungnu @ Gapdak v. The State of Ap

Case brief

What is this about?

What did the court decide?

Tadak Nungnu @ Gapdak v. The State of Ap

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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