Smti Moni Natung Dada Vs The State of Ap

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GAHC040000482025

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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. : BA/4/2025

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Smti Moni Natung Dada

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Wife of Shri Apu Dada, permanent resident of Kapu Dada Village, Po and PS Naharlagun, Papum Pare District, Arunachal Pradesh 791110

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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 : Adam Tatak, Eho Menjo,Minter Karbak,Pritam Taffo,Tonni Gammi,Tukrin Ligu,Amy Talom,Tanur Gao,Tsering Gyatso

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Advocate for the Respondent : P P of AP,

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 16-01-2025

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Heard Mr. P. Taffo, learned counsel appearing for the accused. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State.

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This is an application under Section 483 of the BNSS, 2023, praying for grant of bail to the accused, namely, Shri Apu Dada, who was arrested

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on 21.12.2024, in connection with Chayangtajo P.S. Case No. 06/2024, under Sections 103(2)/238(a)/61(2) BNS, 2023.

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The case leading to filing of present bail application is that on 15.12.2024 at around 0200 hours, a written F.I.R. was received from one Shri Kojom Dada and Shri Talam Dada of Kapu Dada village to the effect that their father late Takom Dada went to his agriculture farm on 13.12.2024 located near Pachi river. On not returning back home by late Takom Dada, they filed a missing report at the Police Station Chayangtajo. On 14.12.2024, while searching for late Takom Dada along with the Police Personnel, his naked dead body was found stuck in between rocks in Pachi river. His naked dead body was retrieved and on physical verification, the dead body had cut marks on back, head and neck portion. The cut was of machete (dao). Also, his left-hand fingers were chopped off. Two fingers were recovered from the place of occurrence and two more are missing. It is also alleged that after the death of one late Longya Lamgu, the sons and brothers of late Longya Lamgu were planning to take revenge, accordingly, they executed their plan on 13.12.2024. One white Scorpio and one black/blue Thar along with white Scorpio of Shri Tabing Lamgu, were spotted on the day of incident at around 10.00 am at Kote Camp, which is the nearest road point of place of occurrence. It is also alleged of pre-planned/cold blooded murder by the accused persons mentioned in the F.I.R. It is also further alleged that the accused persons brutally killed the informant’s father with well-planned conspiracy.

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On receipt of the above F.I.R., a case was registered at Chayangtajo Police Station being Chayangtajo P.S. Case No. 06/2024 under Sections

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103(2)/238(a)/61(2) BNS, 2023.

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The accused was arrested on 21.12.2024 and this bail application has been filed for release of the accused on bail.

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Mr. Taffo, learned counsel for the accused submits that the cause of suspicion is that on 15.12.2023, the complainant’s father late Takom Dada had attacked Lt. Longya Lamgu with a dao and caused grievous injuries and accordingly, an F.I.R. was lodged vide Seppa P.S. Case No. 118/2023, under Sections 326/120B/506/34 IPC, against the complainants and their late father Takom Dada. Lt. Longya Lamgu recovered from his injuries but died in the month of April, 2024. Therefore, the complainants suspect that the death of their father is revenge killing and the present accessed was involved and participated in the alleged crime. The present accused though not named in the said F.I.R., was apprehended on mere suspicion on 21.12.2024.

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Mr. Taffo, learned counsel, while taking the plea of alibi, submits that the accused was not at the place of occurrence on the day of incident, he was in Risikrong to attend the Silver Jubilee Programme conducted by the Revival Church Kochi. Therefore, there is no involvement of the accused in the commission of crime. He submits that the accused has been implicated on mere suspicion that he may be harboring grudge against the deceased person for injuring his relative.

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Mr. Taffo, learned counsel further submits that some of the alleged accused persons, who were named in the F.I.R. has been granted anticipatory bail by this Court. Therefore, he submits that the present

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accused may also be granted bail in connection with the aforesaid case.

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Ms. T. Jini, learned Additional Public Prosecutor, while placing the Case Diary and the Status Report of the investigation, submits that the present accused confessed of transporting the co-accused Kaller Lamgu from Seppa to Richi-Lamgu village on 11.12.2024 after picking him from another co-accused Ashing Lamgu’s house. It also reveals that the present accused is related to the co-accused and co-accused Kaller Lamgu has given one Mahindra Pick Up Vehicle to him and the reason of gifting a vehicle is yet to be ascertained. The present accused has confessed that co-accused, Kaller Lamgu called him via unknown number on the day of the occurrence of the incident. The present accused also confessed of deleting all the call history of his phone. The dead body of Lt. Takom Dada was discovered on 14.12.2024 by the family members and police, but the co-accused Kaller Lamgu called the mobile number of the present accused on 13.12.2024 from an unknown number and asked him if he heard about the murder of Lt. Takom Dada and what actions the Dada family are taking against it, which clearly indicates that the present accused is prima facie involved in the murder of Lt. Takom Dada. The present accused also stated that co-accused, Tabing Lamgu, who is working as Deputy Legal Aid Defense Counsel under CJM Court Seppa, East Kameng, met him in the Judicial Custody on the pretext of Legal Aid program and tried to influence him to change his statement given to Police. Ms. Jini submits that statement of the present accused and co-accused Kaller Lamgu is contradicting, therefore, his custody is very much needed for group interrogation after the arrest of absconding accused party, otherwise, he might be influenced if released. The present accussed and absconding

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party are relatives; therefore, he is very much likely to be influenced if released on bail. The statement of the present accused is yet to be recorded under Section 183 BNSS. Hence, the present accused is not entitled to be released on bail at this stage.

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I have considered the submissions of the learned counsels for the parties and also perused the Case Diary.

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On consideration of the materials, it appears that the present accused prima facie appears to be involved in the crime. His talking to coaccused Kaller Lamgu on the phone on the day of occurrence of the incident, then deletion of all call records from his phone, his confession of transporting the co-accused Kaller Lamgu from Seppa to Richi-Lamgu village on 11.12.2024 after picking him from another co-accused Ashing Lamgu’s house and meeting of co-accused Tabing Lamgu in the Judicial Custody on the pretext of Legal Aid Program, prima facie points towards his involvement in the crime.

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Having observed above on the basis of the materials on the Case Diary, it is to be observed that the said observation is only for the purpose of consideration of this present bail application and the same is only a prima facie view of this Court.

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Having considered the materials, this Court is of the view that the present accused is not entitled to be admitted to bail at this stage. Accordingly, the prayer for bail is rejected.

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The bail application stands dismissed.

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15. Send back the Case Diary.

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JUDGE

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Comparing Assistant

Smti Moni Natung Dada v. The State of Ap

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Smti Moni Natung Dada v. The State of Ap

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