Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 5051 (GAU)

Smti Gumnya Kochung v. The State of AP

AB/153/2025 · 2025-10-22

Kardak Ete

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC040016722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/153/2025 Smti Gumnya Kochung Wife of Tayor Kochung, permanent resident of Machuka, PO and PS Machuka, Shi Yomi District, Arunachal Pradesh 791003 and presently residing at Namsai, PO and PS Namsai, District Namsai, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Reken Ingo, Dani Rieyang,Tado Siga,Tali Umbey,Kipa Yabi,Jumken Ete,Aruna Rai,S D Loda Advocate for the Respondent : P P of AP, Neelam Talum Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 23.10.2025 Heard Mr. J. Ete, learned counsel for the applicant and Ms. L. Hage, learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying for grant of privilege of pre-arrest bail to the accused/applicant in connection with Aalo P.S. Case No. 46/2025, under Section 306 of BNS, 2023. 3. A written F.I.R. was lodged on 18.08.2025 before the Officer-In-Charge, Police Station Aalo, by one Shri Boken Heyo against one Smti Sushila Tanti alleging that the said Sushila Tanti has stolen gold ornaments and articles worth approximately Rs. 13-15 Lakhs including gold chain, ring and other ornaments. It is also stated that the said Sushila Tanti was seen wearing the stolen gold chain, ring and other ornaments which the complainant has identified. The said Sushila Tanti was working as house helper of the complainant. On receipt of the aforesaid F.I.R., a case was registered, being Aalo P.S. Case No. 46/2025, under Section 306 of BNS, 2023. 4. During the course of investigation, the Investigating Officer of the case issued a notice under Section 35(3) of the BNSS, 2023 to the applicant. On receipt of the notice, apprehending arrest, the applicant has filed the present application for grant of pre-arrest bail. 5. Mr. J. Ete, learned counsel for the applicant, submits that the applicant is innocent and has no connection with the aforesaid case. She only knows the main accused, namely, Smti Sushila Tanti, as being the neighbor, who asked her Page No.# 3/4 to keep one gold chain under her safe custody stating that the same was gifted by her relatives. The applicant was totally in dark that the said gold chain was stolen by the said Sushila Tanti. Therefore, he submits that the applicant may be granted the privilege of pre-arrest bail and she is ready to co-operate with the investigation. 6. Ms. L. Hage, learned Additional Public Prosecutor, by placing the status report from the Investigating Officer dated 17.10.2025, submits that having found prima facie case well established against the accused- Smti Sushila Tanti, charge-sheet has been submitted on 07.10.2025 against the said accused- Sushila Tanti along with all relevant documents which has been forwarded to the Superintendent of Police, Aalo for onward submission to the Court. She submits that although a notice was issued to the present accused/applicant- Smti Gumnya Kochung, no material evidence was found against her during investigation indicating her involvement in the case and as such, her name is not included in the charge-sheet. 7. This Court on 24.09.2025 granted interim bail to the applicant. Pursuant to the said order, the applicant appeared before the Investigating Officer and her statement has been recorded. 8. Having considered that the Investigating Officer has already submitted the charge-sheet on 07.10.2025 against the accused- Smti Sushila Tanti by forwarding to the Superintendent of Police, Aalo for onward submission to the Court and after completion of investigation no material evidence was found against the present accused/applicant indicating her involvement in the case thereby not including her name in the charge-sheet, I deem it appropriate to allow the applicant to go on bail. Page No.# 4/4 9. Accordingly, the interim bail granted to the accused/ applicant vide order dated 24.09.2025 is hereby made absolute. 10. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant