Gauhati High Court

AB/102/2026 of Khyoda Taka Vs The State of AP on 27 August 2026

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GAHC040013312026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/102/2026 Khyoda Taka Son of Shri Khyoda Tugung, permanent resident of Rembang Village, PO and SP Palin, Kra Daadi District, Arunachal Pradesh and presently

GAHC040013312026

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

(ITANAGAR BENCH)

Case No. : AB/102/2026

Khyoda Taka Son of Shri Khyoda Tugung, permanent resident of Rembang Village, PO and SP Palin, Kra Daadi District, Arunachal Pradesh and presently residing at D

Sector, Nirjuli Type-I Colony Nirjuli, Papum Pare District, Arunachal Pradesh.

VERSUS

The State of AP represented by the PP of AP

Advocate for the Petitioner :

Hage Lampu, Yumlam Talo,Joram Sanjay,Khyoda Moses Advocate for the Respondent :

P P of AP,

BEFORE

HONOURABLE MR. JUSTICE BUDI HABUNG

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ORDER

Date : 24.08.2026

Heard Mr. Hage Lampu, learned counsel, appearing on behalf of the applicant. Also heard Mr. Token Ete, learned Addl. Public Prosecutor, Arunachal Pradesh.

2. This application has been filed by the elder brother of the accused Shri Khyoda Tako as the accused at the time of filing of this bail application, was inside the jail custody in connection with some other police case.

3. By order dated 14.08.2026, while calling for the scanned copy of the

Case Diary, this Court granted interim pre-arrest bail to the accused and directed that, in the event of his arrest in connection with Itanagar P.S. Case No. 212/2026 registered under Section 305(b) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on interim pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- subject to certain conditions, including the condition that he shall appear before the investigating officer within 10(ten) days from the date of the order and cooperate with the investigation and thereafter, he shall before the investigating officer as and when called for.

4. Mr. Lampu, learned counsel for the applicant, submits that in compliance with the said directions, the accused appeared before the investigating officer on 21.08.2026. On such appearance, the investigating officer recorded the statement of the accused, however, he was not shown arrested as his arrest was not required.

5. The learned Addl. Public Prosecutor, Arunachal Pradesh, while referring to the Case Diary, submits that the accused appeared before the investigating officer of the case on 21.08.2026 and his statement was also recorded. He further submits that, since the alleged missing/stolen scooty has already been recovered and the accused is cooperating with the investigation of the case, his further custodial interrogation/remand is not presently required. He, therefore, has no objection if the interim pre-arrest bail granted to the accused, is made absolute, subject to such additional conditions as may be necessary to ensure his continued cooperation with the investigation of the case.

6. I have considered the submissions advanced by the learned counsels for the parties and also perused the available record.

7. In view of the above, and having regard to the fact that in pursuant to interim pre-arrest bail order dated 14.08.2026, passed by the Court, the accused appeared before the investigating officer on 21.08.2026 and got his statement recorded and, also considering the fact that the alleged missing/stolen scooty was recovered and handed over to the lawful owner; that the accused is cooperating with the investigation; that his further custodial interrogation/remand is no longer required; and that no material has been brought to the notice of this Court indicating any violation of the bail conditions imposed by the interim order, the interim pre-arrest bail granted to the accused on 14.08.2026, is hereby made absolute on the same bail bond and surety, subject, however, to the following terms and conditions:

(i) . that he shall continue to cooperate with the investigating officer of the case for further investigation of the case and shall appear before him as and when called for;

(ii) . 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 him/her from disclosing such facts to the Court or to any police officer, nor, shall she tamper with the evidence;

(iii) . that he shall not indulge in any activity which would either, hamper, or, hinder the investigation of the case; and

(iv) . that he shall not leave the country without prior intimation of the investigating officer of the case;

8. This order shall be read along with the earlier bail order, dated 14.08.2026.

9. With the above directions, this anticipatory bail application stands disposed of.

10. Return the Case Diary to the learned Addl. Public Prosecutor, Arunachal Pradesh, forthwith.

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