Page No.# 1/6 GAHC040015572026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/128/2026 Chau Dhanya Mungyak Son of Late C T Munyak, resident of Quarter No.T-12, Type-IV, Mowb-II, Itanagar, Papum Pare District, Arunachal Pradesh 791111 VERSUS The State of AP represented by the Special PP of ACB Advocate for the Petitioner : Christina Ering, Punung Borang,Nimcha Hondique,Nang walika Jenow Advocate for the Respondent : Ojing Pada, SC (ACB) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 23.09.2026 Heard Mr. D. K. Das, learned Senior Counsel assisted by Ms. C. Ering, learned counsel appearing for the accused applicant. Also heard Mr. O. Pada, learned Special Public Prosecutor for ACB, representing the respondent. 2. This is an application under Section 482 of the BNSS, 2023 praying Page No.# 2/6 granting of pre-arrest bail to the accused applicant in connection with ACB P.S. Case No. 06/2026, registered under Sections 120-B IPC/409/409/468 of the Indian Penal Code, read with Section 13(2) of the Prevention of Corruption Act. 3. The facts, as emerging from the FIR, are briefly stated as follows: A complaint was filed on 30.07.2024 by one Nabam Tagio, a resident of Rogiang Village, before the Chief Secretary, alleging, inter alia, that out of 25 District Coordinators, only 12 have been recruited through examination, and the rest 13 have been regularized from amongst contractual staff; out of the 13 contractual staff, 8 have been appointed in the month of November 2017 and the rest 5 have been appointed in the month of August 2018; the appointees were allegedly regularized without completing the two years probation period. It was also alleged that 8 contractual District Coordinators appointed in the month of November 2017 had been regularized after only nine months of service; it was further alleged that one Miss Tamchi Marse, who had been appointed on 13.07.2018, was regularized on 07.08.2018. Several other anomalies were also alleged, including the promotion of one Rupjyoti Konwar, from the post of Technical Assistant to Senior Accountant, who had been regularized on 27.03.2018. 4. It also stated that the Departmental Promotion Committee was constituted with the following members namely, wherein the accused applicant is the Chairman: i) Shri C.D. Mungyak, Director, Science and Technology Council, Itanagar, as Chairman; Page No.# 3/6 ii) Shri A.S. Rawat, State Geologist, as Member; and iii) Dr. Debajit Mahanta, Joint Director, Science and Technology Council, Itanagar, as Member. 5. It is submitted that the complainant had subsequently withdrawn the complaint. However, the Deputy Secretary (Vigilance), pursuant to the directions of the Chief Secretary, ordered a preliminary inquiry. On the basis of the inquiry report, an FIR dated 01.06.2026 was lodged before the Anti-Corruption Bureau, Itanagar, under section 120(B)/409/468 IPC read with section 13(2) of the Prevention of Corruption Act. 6. The FIR further alleges that the accused applicant, being the Director of the Arunachal Pradesh State Council for Science and Technology (APSCST), was involved in the illegal regularization of 13 District Coordinators out of 25 posts in the department. It is alleged that only 12 District Coordinators were recruited through examination, while 13 contractual staff were regularized within a year of their temporary service, which is illegal. 7. It is also alleged that the Society illegally promoted an Technical Assistant directly to the post of Senior Account Officer without the due process, and that irregularities had occurred in the Departmental Promotion Committee proceedings. 8. The FIR further alleges that the PIO and the Director provided false and incomplete information regarding sanctioned posts and recruitment rules in response to an RTI request. 9. It is stated in the FIR that approval for conducting a preliminary enquiry was granted by the Deputy Secretary (Vigilance) on 31.10.2025, Page No.# 4/6 and that subsequent approval from the competent authority was obtained on 27.05.2025 for registration of a regular case. 10. The FIR also refers to the findings of the preliminary enquiry, which allegedly disclose violations of the provisions of the Memorandum of Association (MoA), the applicable Act, Bylaws and recruitment rules. It is mentioned that there are identified irregularities in the contractual appointment of District Coordinators, their subsequent regularizations, which are within the purview of the service conditions of the accused applicant. 11. On receipt of the FIR, the police registered ACB P.S. Case No. 06/2026 under the aforementioned sections. 12. Mr. D. K. Das, learned Senior Counsel submits that the accused applicant is the Director of the Arunachal Pradesh State Council for Science and Technology and he is responsible officer. He submits that, although a complaint was initially lodged, the same was subsequently withdrawn by the complainant, however, in spite of such withdrawal, a preliminary inquiry was directed, and, in the inquiry report also, as per the conclusion of the inquiry officer, no offence under the Prevention of Corruption Act has been made out. 13. He further submits that the allegations against the accused applicant are in the nature of certain irregularities in appointments, and departmental promotions, which ought to be examined internally by the department, followed by appropriate action, if warranted. 14. Learned Senior Counsel submits that the allegations will be based Page No.# 5/6 upon the documents and materials which are already available with the investigating officer and therefore, there is no requirement of any custodial interrogation of the accused applicant at this stage. Accordingly, he prays that since the accused applicant is willing to cooperate with the investigation and undertakes to appear before the investigating officer as and when required, the accused applicant should be granted the privilege of pre-arrest bail. 15. On the other hand, Mr. O. Pada learned Special Public Prosecutor, opposes the prayer for bail, submitting that several allegations of irregularities have been levelled against the Society, and the accused applicant, being its Director, was at the helm of affairs during the period in which the alleged irregularities occurred. He submits that the investigation is presently at a very nascent stage and, therefore, the accused applicant ought not to be granted the privilege of pre-arrest bail at this stage. 16. The case diary has been received and the same is perused by this Court. 17. On perusal of the case diary, this Court observes that the accused applicant is the Director of the Arunachal Pradesh State Council for Science and Technology (APSCST), a registered society entrusted with several important functions, including the appointment of District Coordinators for the smooth discharge of functions and implementation of activities assigned to the respective districts. 18. It further appears from the materials on record that specific allegations have been levelled against the Society regarding various illegal appointments and regularizations. A preliminary enquiry was conducted, Page No.# 6/6 and the FIR in question was registered on the basis of the materials collected during the said enquiry. The investigation is in a nascent stage and issues relating to monetary involvements etc. are yet to be investigated. 19. This Court also takes note of the fact that several serious allegations have been levelled against the accused applicant in his capacity as Director of the Society. The investigation is presently at a very preliminary stage, with the chances of influencing the investigation cannot be ruled out at this stage. 20. Having regard to the nature and gravity of the allegations, the materials available in the case diary and the nascent stage of the investigation, this Court is not inclined to grant the privilege of pre-arrest bail to the accused applicant at this stage. 21. Accordingly, the bail application stands rejected. JUDGE Comparing Assistant