Mama Rigam v. The State of Ap and Anr

ORDER Date : 11-03-2024 Heard Mr. T. Taba, the learned counsel for the petitioner and Mr. G. Tado, the learned Additional Public Prosecutor for the State of Page No.# 2/3 Arunachal Pradesh.

This is an application filed under Section 439 of the Cr.P.C whereby the petitioner has prayed for releasing the accused, Shri Kenge Rigam on bail, who is presently in judicial custody in connection with POCSO case No. 16/2021.

During the investigation stage, the accused, Shri Kenge Rigam was allowed to go on bail and after filing of a Charge-Sheet, notice was issued to him asking him to appear in the court. Then his wife Miss Tana Moryom appeared before the trial court and produced one Death Certificate showing that the accused, Shri Kenge Rigam was no more alive. The trial court did not believe the Death Certificate and issued Non-Bailable Warrant of arrest against the accused. Thereafter, the police arrested him and now the trial is going on.

I find that the conduct of the petitioner is exceptionally bad and therefore, he does not deserve to be released on bail at this stage. However, the petitioner shall be at liberty to file bail application after examination of the victim by the trial court and 5(five) other witnesses.

With the aforesaid direction, present bail application is dismissed. Page No.# 3/3

JUDGE Comparing Assistant

Page No.# 1/3 GAHC040002932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/23/2024 Mama Rigam Son of Late Saje Rigam, resident of Type-I Colony, PO and PS Seppa, East Kameng District, Arunachal Pradesh VERSUS The State of AP and Anr represented by the PP 2:Tana Moryom Age: 0 Occupation Advocate for the Petitioner : Teto Taba Advocate for the Respondent : P P of AP BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA