Takung Kyamdo v. The State of Ap

ORDER

30.04.2024

Heard Mr. Duge Soki, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Addl. PP for the State respondent.

¶2This is an application under Section 438 of CrPC, 1973 for granting Anticipatory Bail for the accused person in connection with Nacho PS Case No. 02/2024 registered under Section 452/448/427/34 IPC r/w Section 3 of Page No.# 2/3 Prevention of Damage to Public Property Act, 1984 and Sections 131/135A of Representation of People Act.

¶3The facts of the prosecution case is that the three persons namely, i) Sh. Takong Kyamdo ii) Sh. Taru Byaling and iii) unknown came to the 22-Dingser Polling Station and totally damaged and destroyed poll used EVM of balloting unit and VVPAT of both Assembly and Parliament at around 4:30 pm. Accordingly, a case has been registered.

¶4Mr. D. Soki, learned counsel for the petitioner submits that the petitioner is totally innocent and has no role to play in the offence alleged.

¶5Mr. T. Ete, learned Addl. PP, Arunachal Pradesh on the other hand strongly opposes the prayer for the Anticipatory Bail. He submits that there are adverse materials available in the Case Diary.

¶6I have heard the submissions at the bar and I have perused the materials available on record.

¶7It appears from the materials collected by the Investigating Officer which is available in the Case Diary that there are sufficient evidence to indicate that the petitioner has destroyed the EVM Machine and VVPAT of both Assembly and Parliament Election.

¶8The offence is grave; it is imperative to unearth the truth.

¶9In view of the adverse materials available against the petitioner and considering that the investigation is at a progressing stage, this Court is not inclined to grant Anticipatory Bail to the petitioner at this stage. Accordingly, the prayer for the Anticipatory Bail stands rejected.

Page No.# 3/3 JUDGE Comparing Assistant

Page No.# 1/3 GAHC040005382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/77/2024 Takung Kyamdo Son of Shri Tabu Kyamdo, resident of Kyamdo village, PO and PS Nacho, Upper Subansiri District, Arunachal Pradesh VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Duge Soki Advocate for the Respondent : P P of AP BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI