AB/97/2026 of Smti Onty Gapak alias Onty Dong Vs The State of AP on 16 August 2026

ORDER

Date : 17.08.2026

Heard Mr. Taya Don, learned counsel appearing on behalf of the accused/ applicant. Also heard Mr. Token Ete, learned Addl. Public Prosecutor, Arunachal Pradesh.

2. By order dated 06.08.2026, while calling for the scanned copies of the Case Diary, this Court granted interim pre-arrest bail to the applicant and directed that, in the event of her arrest in connection with Raga P.S. Case No. 18/2026

registered u/ss. 329(3)/351(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of the Arms Act, 1959; he shall be released on interim pre-arrest bail on furnishing of a bail bond of Rs. 50,000/- subject to certain conditions, including the condition that he shall cooperate and appear before the investigating officer as and when called for in connection with the aforesaid case.

3. Mr. Don, learned counsel for the accused/applicant, submits that in compliance with the interim pre-arrest bail order dated 06.08.2026 passed by this Court and the notice issued by the police under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant appeared before the investigating officer on 07.08.2026. Upon her appearance, the investigating officer arrested the accused/applicant in connection with the aforesaid Police Station case, recorded her statement and upon completion of the necessary formalities; he was released on bail in terms of the interim pre-arrest bail granted by the this Court vide order dated 06.08.2026.

4. The learned counsel further submits that the applicant has already been released on bail and he has been cooperating with the investigation of the case. There is also no allegation of violation of any of the bail conditions imposed by this Court. He, therefore, submits that the interim pre-arrest bail granted to the accused/applicant, may be made absolute.

5. The learned Addl. Public Prosecutor, Arunachal Pradesh, while referring to the Case Diary, submits that, upon appearing before the police, the accused/applicant was arrested, her statement was recorded and upon completion of necessary formalities, he was released on bail in terms of the interim pre-arrest bail granted by this Court. He further submits that, as reported by the Investigating Officer, the applicant is cooperating with the investigation of the case. The learned Addl. Public Prosecutor, Arunachal Pradesh, further fairly submits that the Investigating

Officer of the case has not sought for custodial interrogation of the accused/applicant and therefore, he has no objection if the interim pre-arrest bail granted to the accused applicant, is made absolute, subject to such additional conditions as may be necessary to ensure her continued cooperation with the investigation of the case.

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

7. It is evident from the record that, in pursuant to the order dated 06.08.2026 passed by this Court, the accused/applicant appeared before the investigating officer. He was thereafter arrested and upon completion of necessary formalities, he was released on bail in terms of the interim pre-arrest bail granted by this Court. The Case Diary further indicates that the applicant is cooperating with the investigation.

8. The Case Diary reveals that although the Investigating Officer arrested the applicant and recorded her statement, however, he has neither sought custodial interrogation of the accused/applicant, nor, made any request for custodial remand. Rather, the Investigating Officer has only reported that the accused/applicant is cooperating with the investigation.

9. In the facts and circumstances of the case, and having regard to the fact that the applicant has already appeared before the Investigating Officer and has cooperated with the investigation, this Court is of the view that her further custodial interrogation is not presently warranted. The accused/applicant, is, therefore, entitled to be extended with the privilege of continued protection of pre-arrest bail.

10. Accordingly, the interim pre-arrest bail granted to the accused/ applicant on 06.08.2026, is hereby made absolute on the same bail bond and surety, subject, however, to the following terms and conditions:

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

(iv) . that she shall not leave the State of Arunachal Pradesh without prior intimation of the investigating officer of the case;

11. This order shall be read along with the earlier bail order, dated 06.08.2026.

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

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

JUDGE Comparing Assistant