Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/126/2026 Chuku Takar Son of Shri Chukhu Dol, permanent resident of Mengio, Sarch Gai, PO and PS Sagalee, Papum Pare District, Arunachal Pradesh, Currently serving as Head Assistant, Forest Department, Banderdewa, PO and PS Banderdewa, Papum Pare District, Arunachal Pradesh. VERSUS The State of AP represented by the Special PP, ACB Advocate for the Petitioner : Adam Tatak, Gichik Kaku,Jarka Doyom,Tanur Gao,Geken Ingo Advocate for the Respondent : Ojing Pada, SC (ACB)
-BEFORE- HON’BLE MR. JUSTICE ANJAN MONI KALITA
ORDER 14.09.2026 Heard Mr. A. Tatak, learned counsel appearing for the accused applicant and Mr. O. Pada, learned Special PP, ACB.
The instant anticipatory bail application has been filed under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused
Page No.# 2/3 applicant in connection with ACB P.S. Case No. 09/2025 registered under Sections 120 (B)/ 168/471/ 420 of the Indian Penal Code read with Section 13 (2) of the Prevention of Corruption Act, 1988.
An FIR was lodged before the Superintendent of Police, ACB on 27.01.2025 alleging financial irregularities, misappropriation of public funds and violation of established procedures in forest clearance works for Subansiri Lower HE Project by the then DFO, Shri Chuku Loma and others of Banderdewa Forest Division. On receipt of the complaint, ACB P.S. Case No. 09/2025 has been registered under the aforementioned sections.
The learned counsel appearing for the accused applicant submits that the accused applicant is working as Head Assistant in the Banderdewa Forest Division and is no way linked to the alleged financial irregularities and misappropriation of public funds and he possessed no independent decision-making authority regarding the award of works, policy formulation or financial approvals. He also submits that there is no specific allegation against the accused applicant in the complaint lodged on 27.01.2025 and since he is a Government servant, he is ready to cooperate with the investigation of the case and therefore, he prays that the accused applicant should be granted pre-arrest bail.
Mr. O. Pada, learned Special PP, ACB, on the other hand, opposes the prayer of anticipatory bail application of the accused applicant.
Taking into account the allegation as well as considering the
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submissions of the learned counsel appearing for the respective parties, this Court is of the considered opinion that the accused applicant should be granted pre-arrest bail, at this stage. Accordingly, in the event of arrest of the accused applicant, namely,Sri Chuku Takar, he shall be released on pre-arrest bail in connection with ACB P.S. Case No. 09/2025 on furnishing a bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the arresting authority subject to the following conditions: (i) That the accused applicant shall appear before the I.O. of the case within 10 (ten) days from today; (ii) That the accused applicant shall cooperate with the investigation and shall make himself available as and when called for; and (iii) that the accused applicant shall not try to tamper or hamper with the investigation, in whatsoever manner.
In terms of the aforesaid directions, this anticipatory bail application stands disposed of, as allowed.
JUDGE Comparing Assistant