Tagru Talin v. The State of Ap

Gauhati HC8 Apr 2025AB/40/2025

Case brief

AI extract

What is this about?

Tagru Talin; AB/40/2025; Gauhati High Court Itanagar Bench; bail application; interim bail 01.04.2025 made absolute; I.O. letter 08.04.2025; no active role revealed; conspiracy/abatement; incident 26.03.2025; six injured victims; TRIMHS Naharlagun ICU; I.A. 35/2025; Public Prosecutor D. Loyi no objection; stringent conditions; no threatening or coercing witnesses; appear before I.O. when summoned; cooperate with investigation; Yarenjungla Longkumer J.; disposed 09/04/2025.

What did the court decide?

Interim bail granted on 01.04.2025 made absolute on the same terms and conditions, with the additional condition that the applicant shall not threaten or coerce the witnesses in any way, shall be available before the I.O. as and when summoned, and shall cooperate with the investigation. ¶¶29

Tagru Talin Vs The State of Ap — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim bail granted on 01.04.2025 should be made absolute and the applicant allowed to go on bail. +2 more

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Court's answer

The application is allowed: the interim bail granted on 01.04.2025 is made absolute on the same terms and conditions, with an additional condition that the applicant shall not threaten or coerce the witnesses in any way, shall be available before the I.O. as and when summoned, and shall cooperate with the investigation.

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Ratio / Principle

At this stage of the investigation the Court would not go into the merits of the case; its task was confined to studying the I.O.'s observations and seeing whether there is a prima facie case against the applicant.

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Key takeaways

On the I.O.'s letter dated 08.04.2025, the I.O. had made no serious objection to the bail application and had observed that investigation so far had not revealed the active role of the applicant; the applicant had complied with the Court's directions by appearing before the I.O. on two different dates and having his statements recorded, so it could not be said that he was not cooperating with the investigation.ratio¶¶29

Detailed headnote1 paragraphs

Bail — Gauhati High Court (Itanagar Bench), AB/40/2025, decided 09/04/2025 (Yarenjungla Longkumer, J.). The applicant, Tagru Talin, on interim bail since 01.04.2025 in connection with an incident of 26.03.2025 in which, per the victims' counsel (I.A. 35/2025), six family members of the complainant sustained gun fire and stick/machete injuries allegedly inflicted by more than thirty-two persons, sought confirmation of bail. The I.O.'s letter dated 08.04.2025 recorded no serious objection, noted that investigation had not revealed the applicant's active role nor any allegation of his directly firing the weapon (while not denying possible indirect involvement in conspiracy/abatement), and the applicant had appeared before the I.O. on 03.04.2025 and 06.04.2025, executed the bail bond and had his statements recorded. The Public Prosecutor raised no objection subject to stringent conditions; the victims' counsel sought vacation of interim bail, alleging the protection had hampered investigation and seizure of weapons. Declining to enter the merits at the investigation stage and confining itself to the prima facie question, the Court held the applicant could not be said to be non-cooperative, allowed the application, made the interim bail absolute on the same terms, and additionally restrained the applicant from threatening or coercing witnesses and required his availability before the I.O. and cooperation with the investigation.

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Page No.# 1/5

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GAHC040005182025

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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/40/2025

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Tagru Talin

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Son of Tagru Sike, a resident of Jullang Village near Don Bosco School, Jullang, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh 791111

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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 : T T Tara, Pondit Ronya,Terji Kamchi,Khoda Apa,Taba Tokur,Gamken Bam

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Advocate for the Respondent : P P of AP,

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BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER

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ORDER

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09/04/2025

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This Court had granted an interim order bail to the accused/applicant, Shri. Tagru Talin on 01.04.2025. The matter has come up for final hearing today.

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2. Learned Public Prosecutor, Mr. D. Loyi has produced the case diary and Court has perused the same. Learned counsel for the petitioner states that

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after the interim order was passed on 01.04.2025 he has appeared before the I.O. on 03.04.2025 and 06.04.2025 and has executed the bail bond as directed by this Court. Thereafter, his statement has been recorded by the I.O. on 03.04.2025 and 06.04.2025. Accordingly, it is stated that he has complied with the directions of this Court and prays that the interim order may be made absolute and he may be allowed to go on bail.

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3. Learned Public Prosecutor has drawn the attention of this Court to the observation of the I.O. of the case, who has stated in his letter dated 08.04.2025 to the learned P.P. that the applicant, who is presently on interim bail should not threaten or coerce the witness at any stage of investigation if he obtains the bail. It is also stated that the investigation is at an early stage and it is necessary to unearth the larger conspiracy of the offence. It is also stated that the investigation till date has not revealed the active role of the applicant and he has not been alleged to directly fire the weapon. However, the indirect involvement in conspiracy/abatement of the offence cannot be denied at this stage of investigation.

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4. Learned Public Prosecutor, therefore has not objected to the bail application provided that the court shall impose some stringent condition so that the applicant shall cooperate with the investigation.

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5. Learned counsel, Mr. A. Bodo has made appearance on behalf of six of the victims in this case and he has filed an I.A. 35/2025 and by filing the I.A. he has opposed the prayer for bail stating that the incident occurred on 26.03.2025 whereby, six family members of the complainant have

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received serious injury by gun fire and assault by sticks and machete. It is stated this inhuman act was committed by more than thirty-two persons with pre-plan to murder all the family members of the informant. It is stated that the six injured victims were admitted to TRIMHS, Naharlagun for further treatment and it is stated that two of the injured persons are still in unconscious condition and getting treatment under ICU. It is also stated that the rest of the injured have received multiple bullet injuries and that they are all in serious condition.

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6. learned counsel for the applicant, Mr. Khoda Apa has also stated that the alleged/accused person had submitted a copy of refill memo of gas station of Itanagar, which was issued on 26.03.2025 in support of his submission that he was not present at the site of the incident of 26.03.2025, however, it is stated by the learned counsel that the copy of refill memo could have been acquired by any person in the name of another person.

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7. Learned counsel has also submitted that alleged/accused, Shri. Tagru Suraj also came to the incident spot possessing one kartoos gun and local dao, he was spotted at the incident wearing police personal uniform with his face covered by a mask and that he is openly involved in the offence and he has been seen by many villagers and therefore, the plea of alibi of being in another place at that time of incident is not true and it is a fact that the accused person was at the spot when the incident occurred. It is also submitted by the learned counsel that because of the interim protection given by this Court the investigation has been hampered and therefore, no weapons could be seized by the I.O. till date and therefore,

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it is prayed that the interim bail may be vacated and the present bail application may be dismissed for a free and fair investigation.

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8. This Court has perused the case diary and heard the learned counsels for the party as well as the learned P.P. At this stage of the investigation, this Court would not like to go into the merits of the case. However, the court has to only study the observation of the I.O. and to see whether there is any prima facie case against the applicant.

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9. From the observations of the I.O. made in the letter dated 08.04.2025 written to the learned P.P., this Court, is of the view that the I.O. has not made any serious objections to the present bail application and has also observed that investigation so far has not revealed the active role of the applicant in the present case and it is also the view of this Court that the applicant has complied with the directions of this Court and has appeared before the I.O. on two different dates and his statements has been recorded and therefore, it cannot be said that applicant is not cooperating with the investigation.

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10. Accordingly, the application is allowed. The interim bail granted on 01.04.2025 is made absolute on the same terms and conditions. This Court also imposes an additional condition that the present applicant shall not threaten or coerce the witnesses in any way and shall be available before the I.O. as and when he is summoned and he shall cooperate with the investigation.

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This application stands disposed.

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JUDGE

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Comparing Assistant

Tagru Talin v. The State of Ap

Case brief

What is this about?

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Tagru Talin v. The State of Ap

Case brief

What is this about?

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What the court decided

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