Nong Nangkar Vs The State of Ap — Gauhati HC (2025) — LawSathi Research

Nong Nangkar Vs The State of Ap — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail granted to Shri Nong Nangkar in respect of SIC (VIG) P.S. Case No. 20/2024: upon arrest, he is to be enlarged on bail on a bail bond of Rs. 20,000/- with one surety of like amount, subject to conditions of attendance before and cooperation with the investigating officer and abstention from inducement, threat or promise to persons acquainted with the facts; the Anticipatory Bail application thereafter stood disposed of.

Issue for consideration

Whether the accused applicant, Shri Nong Nangkar, facing arrest in connection with SIC (VIG) P.S. Case No. 20/2024, is entitled to pre-arrest (anticipatory) bail under Section 482 of the BNNS, 2023, i.e., whether custodial interrogation of him is required.

Court's answer

In view of the applicant having appeared before the investigating officer, had his statement recorded, and cooperating with the investigation, the Court held that no custodial interrogation of the accused applicant is required and that he is entitled to be granted the privilege of pre-arrest bail.

Ratio / Principle

In the event of arrest of the accused applicant in connection with SIC (VIG) P.S. Case No. 20/2024, he shall be enlarged on bail on furnishing a bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the conditions that he shall appear before the investigating officer as and when called for and cooperate with him, and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing those facts to the Court or to any Police Officer.

Detailed headnote1 paragraphs

Gauhati High Court (Itanagar Bench) - Order dated 02-06-2025 by Hon'ble Mr. Justice N. Unni Krishnan Nair on Anticipatory Bail Application AB/66/2025 under Section 482 of the BNNS, 2023 by Shri Nong Nangkar seeking pre-arrest bail in connection with SIC (VIG) P.S. Case No. 20/2024. An earlier order of this Court dated 16.05.2025 had stayed coercive action pursuant to a summons issued on 09.05.2025. The Special Public Prosecutor, ACB, reported that the applicant had appeared before the investigating officer on 21.05.2025, his statement had been recorded, and he was cooperating with the investigation. Concluding that no custodial interrogation of the accused applicant was required, the Court held him entitled to the privilege of pre-arrest bail and directed that, in the event of arrest, he be enlarged on bail on furnishing a bail bond of Rs. 20,000/- with one surety of like amount, subject to conditions requiring his appearance before and cooperation with the investigating officer and prohibiting any inducement, threat or promise to dissuade persons acquainted with the facts. The application stood disposed of.

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GAHC040007522025

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

Case No. : AB/66/2025

Nong Nangkar Son of Late Nangkeng Nangkar, resident of Gosang Village, PO and PS Jengging, Upper Siang District, Arunachal Pradesh.

VERSUS

The State of AP through the Special PP

Advocate for the Petitioner : Nalo Pada, Joshep Gao,Takom Roleng,Juel Saroh,Bomnya Kamdak

Advocate for the Respondent : Ojing Pada, SC (SIC)

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 02-06-2025

Heard Mr. N. Pada, learned counsel for the applicant and Mr. O. Pada, learned Special Public Prosecutor, ACB.

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The present application has been filed under Section 482 of the BNNS, 2023 praying for pre-arrest bail to the accused, Shri Nong Nangkar , in connection with SIC (VIG) P.S. Case No. 20/2024.

This Court, vide order dated 16.05.2025, has provided that no coercive action shall be taken against the accused applicant in pursuance to the summon issued on 09.05.2025, in connection with the above noted case.

Mr. O. Pada, learned Special Public Prosecutor, ACB, on the basis of the case records, submits that the applicant has appeared before the investigating officer, on 21.05.2025 and his statement has been recorded. It is further submitted that the accused applicant is cooperating with the investigation in the matter till this date.

In view of the above position, this Court is of the considered opinion that no custodial interrogation of the accused applicant is required and accordingly, he is entitled to be granted privilege of pre-arrest bail.

Accordingly, it is directed that in the event of arrest of the accused applicant, namely, Shri Nong Nangkar, in connection with the SIC (VIG) P.S. Case No. 20/2024, he shall be enlarged on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand only) with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:

The accused applicant shall appear before the investigating officer as and when called for. The applicant shall co-operate with the investigating officer in the matter.

The accused applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the

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Court or to any Police Officer.

With the above observations and directions, the Anticipatory Bail application stands disposed of.

JUDGE

Comparing Assistant