Gauhati High Court

AB/8/2026 of Tania Cheke Vs The State of AP on 11 February 2026

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GAHC040001642026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/8/2026 Tania Cheke Son of Late Taga Cheke, Village Dingsi Aying Mori, PO and PS nacho, present address Taniyum Putu Colony, Daporijo, PO and PS Daporijo, Upper

GAHC040001642026

THE GAUHATI HIGH COURT

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

(ITANAGAR BENCH)

Case No. : AB/8/2026

Tania Cheke Son of Late Taga Cheke, Village Dingsi Aying Mori, PO and PS nacho, present address Taniyum Putu Colony, Daporijo, PO and PS Daporijo, Upper Subansiri District, Arunachal Pradesh.

VERSUS

The State of AP represented by the PP of AP

Advocate for the Petitioner : Chorpok Modi, Maklek Lego,Nannu Yubi,Tachung Nalo,Uttam Deka Advocate for the Respondent : P P of AP, Gamken Bam,Taba Tokur,Gegum Lollen,Khoda Apa BEFORE

HONOURABLE MR. JUSTICE BUDI HABUNG

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ORDER

Date : 12.02.2026

Heard Mr. Chorpok Modi, learned counsel for the accused applicant. Also heard Ms. Topi Jini, learned Addl. P.P., Arunachal Pradesh, appearing on behalf of respondent No. 1, and Mr. Khoda Apa, learned counsel, appearing on behalf of respondent No. 2.

2. Apprehending his arrest in connection with Daporijo P.S. Case No. 01/2026 registered under Sections 109(1)/118(2) of the Bharatiya Nyaya Sanhita(BNS), 2023, this bail application has been filed by the accused applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking grant of pre-arrest bail.

3. Earlier, the anticipatory bail application moved before the Sessions Court, Aalo, was rejected on the grounds that there is a prima facie case against the accused and while absconding; the accused applicant had tried to withdraw an amount of Rs. 3 lakhs from the joint account maintained by him along with his victim wife from the Arunachal Pradesh State Cooperative Apex Bank Ltd., Daporijo Branch, Daporijo, by forging her signature on the Cheques; and another ground for rejection of earlier anticipatory bail was after considering the conduct of the accused that while he was absconding, he had threatened the family members of the victim wife for settlement of the case out of Court.

4. Mr. Modi, learned counsel for the accused applicant, submits that it was the victim who provoked the accused for occurrence of the incident and he is innocent of the allegations leveled in the First Information Report(FIR) and he being a responsible father and the Chairman of KGBK School at Aying Mori, he is ready and willing to cooperate with the investigation of the case and abide by all the terms and conditions imposed by this Court for his bail.

5. The updated CD has been produced by the learned Addl. Public Prosecutor. I have perused the same.

6. The record reveals that a look-out notice was circulated against the accused/applicant on 24.01.2026, however, he remains untraceable and is still absconding. The record further reveals that during the process, 3(three) persons have already been arrested for harbouring the accused by giving shelter and attempting to help him financially during his absconding.

7. The record also reveals that the while absconding the accused applicant had attempted to withdraw Rs. 3 lakhs from the account jointly held by him and his victim wife at Daporijo Branch of Arunachal Pradesh State Cooperative Apex Bank Ltd, by forging her signature on the Cheques. Not only that, there is also an allegation against the accused applicant that he has tried to influence crucial witnesses, including his daughter namely, Ms. Natalie Cheke(aged about 11 years), victim wife and one Smt. Yapo Cheke(aged around 30 years), their housemaid, through his relative i.e. paternal first cousin and nephew of the accused applicant and also tutored Ms. Natalie Cheke for her statement before the police.

8. Under the above facts and circumstances of the case and considering that there is a prima-facie case found against the accused applicant for commission of the alleged offence; the learned Addl. Public Prosecutor, Arunachal Pradesh, has vehemently objected the grant of anticipatory bail and submitted that in the instant case, his custodial interrogation is necessary.

9. Mr. Apa, learned counsel for the respondent No. 2, while objecting grant of anticipatory bail to the applicant submits that while the accused applicant is still absconding, he desperately tried to influence and threaten the victim through her elder sister and other relatives and repeatedly insisted the victim to withdraw the First Information Report (FIR) lodged against him.

10. Considering the seriousness of the offence and the material found against him on record, and also considering the conduct of the accused to influence/threaten the family members of the victim wife and two vital witnesses during the investigation and also taking into account the fact that he is still absconding and not cooperating with the police despite the fact that in the process many other persons has been arrested due to him; this Court is not inclined to extend the befits of pre-arrest bail to the accused applicant at this stage.

11. Accordingly, the prayer for grant of pre-arrest bail is rejected.

12. The bail application, accordingly, stands dismissed.

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