HC denies bail to six accused in Pasighat Rehab Centre murder case

Itanagar, Feb 4: The Itanagar Permanent Bench of the Gauhati High Court has rejected the bail applications of six individuals accused in the alleged custodial death of Olip Litin Mukherjee at an unlicensed drug rehabilitation centre in Pasighat, citing the gravity of the offence and the likelihood of witness intimidation.

Justice Budi Habung dismissed the bail pleas of Tojing Borang, Tatto Pertin, Oying Tayeng, Tenzing Megu, Limar Riram, and Batum Kakki, who were arrested in connection with Pasighat PS Case No. 94/2024 under Sections 103(2)/127(2)/49 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The case originated from a complaint filed by Mukherjee’s mother, Mohimang Litin, who lodged an FIR on July 20, 2024, alleging that her son was murdered at the Serene Life Foundation, a private rehabilitation centre in Gumin Nagar, Pasighat, operated by Nason Borang.

She also alleged that the body was shifted to Bakin Pertin general hospital, Pasighat, for post-mortem without her knowledge.

Following an investigation, police arrested the accused persons between July 20 and August 6, 2024.

Earlier bail pleas for some of the accused, including Tenzing Megu and Limar Riram, were rejected by both the Chief Judicial Magistrate (CJM), Pasighat, and the Sessions Court, Pasighat.

The current applications sought bail on grounds of parity, prolonged detention, and delays in trial proceedings.

The prosecution, represented by Additional Public Prosecutor (PP) T Jini, strongly opposed the bail applications, arguing that the accused had played an active role in torturing inmates of the rehabilitation centre and were directly involved in Mukherjee’s death.

According to the investigation report, Mukherjee and 16 other inmates had attempted to escape the rehabilitation centre on July 19, 2024, but were caught by senior inmates, including the six accused. Following their failed escape attempt, all 17 inmates were brutally assaulted using plastic sticks, cane sticks, bamboo sticks, slaps, and kicks.

The accused reportedly tied the victims’ hands with nylon ropes before subjecting them to further physical torture. The prosecution revealed that the entire assault was recorded on CCTV, which has been seized and sent for forensic analysis.

However, the Forensic Science Laboratory (FSL) report is yet to be submitted in court.

The post-mortem report confirmed that Mukherjee died due to "hypovolemic shock caused by extensive bruises all over the body due to multiple blunt trauma." The inquest report corroborated these findings, supporting allegations that Mukherjee succumbed to injuries inflicted during the assault.

The investigation also revealed that Serene Life Foundation was being run without government authorization, and its owner, Nason Borang, himself a former drug addict, had converted the facility into a profit-driven enterprise.

Inmates were allegedly subjected to severe physical punishments, including "bike position," "kneeling," "Spider-Man," "Superman," and "boat position" exercises, along with up to 1,000 sit-ups as a form of punishment.

Opposing the bail plea, the Additional PP stated that the charge sheet had already been filed on October 15, 2024, naming 26 accused persons, including the six individuals seeking bail. She added that the supplementary charge sheet would be filed once the FSL report of the CCTV footage was available.

The prosecution argued that granting bail at this stage would seriously affect the trial proceedings, as the accused had already approached the victim’s mother multiple times (on July 21, 22, and 23, 2024) to negotiate a compromise. It was further contended that the accused, being influential individuals, could intimidate witnesses and tamper with evidence.

The prosecution also pointed out that two other accused, Nason Borang and Tojing Borang, were granted bail under exceptional circumstances—one due to the death of his child, and the other due to his father’s demise.

After hearing the arguments, the High Court observed that the accused admitted to being present at the crime scene and participating in the assault.

The gravity of the offence and its impact on the victim and other inmates justified their continued detention.

The potential threat to witnesses and the accused's past attempts to influence the victim's family created serious concerns about granting bail.

The matter was still at the pre-trial stage, and allowing bail at this juncture could hamper the judicial process.

The court concluded that the evidence against the accused was substantial and that their release could obstruct a fair trial.

Justice Habung ruled: "Given the seriousness of the allegations, the involvement of the accused, and their previous attempts to influence witnesses, I am not inclined to grant bail at this stage. Accordingly, these bail applications are rejected."

With this ruling, the bail pleas of Tojing Borang, Tatto Pertin, Oying Tayeng, Tenzing Megu, Limar Riram, and Batum Kakki were dismissed, and they will remain in judicial custody as the trial proceeds.