Page No.# 1/3 GAHC040003952026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/27/2026 Smti Luguni Nabam Wife of Late Joram Apa, presently resident of Doimukh, PO and PS Doimukh, Papum Pare District, Arunachal Pradesh and permanent resident of Niti Darlong Village, PO and SP Seijosa, Pakke Kessang District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Gyamar Gunia, K Gara Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 23-03-2026 Heard Mr. G. Gunia, learned counsel for the applicant and Ms. T. Jini, learned Additional Public Prosecutor for the State. 2. This application has been filed under Section 482 of the BNSS, 2023 seeking grant of pre-arrest bail apprehending arrest in connection with GDE No. 005/2026, dated 03.03.2026. Page No.# 2/3 3. Mr. Gunia, learned counsel for the applicant, submits that based on the complaint lodged by mother of the applicant, the police, after entering the abovementioned GDE No. 005/2026, has made her a telephonic call and therefore, she apprehends her arrest in connection with the aforesaid GDE. 4. On direction, Ms. Jini, learned Additional Public Prosecutor for the State, has produced the Case Diary and submits that no FIR has yet been registered against the applicant. The apprehension of arrest is only based on the fact that the police have allegedly telephoned the applicant in connection with a complaint lodged against her by her mother alleging forgery in execution of gift deed relating to land and subsequent sale thereof. As such, this application under Section 482 of the BNSS, 2023 is not maintainable. 5. In view of the above, it appears that the case is still at a preliminary stage of enquiry and no cognizable case has yet been formally registered. It is a settled law that an application under Section 482 of the BNSS, 2023, is maintainable only when any person has reason to believe that he/she may be arrested on an accusation of having committed a non-bailable offence, arising out of a registered case. 6. However, in the instant case, no such FIR has yet been registered against the applicant. Under the circumstances, this Court finds that the present application is premature and not maintainable, therefore, the same stands dismissed. 7. However, in the event the FIR is registered against the applicant and apprehend her arrest, she shall be at liberty to approach appropriate Court and seek pre-arret bail. 8. It is further observed that if any such application is filed after registration of Page No.# 3/3 the FIR, the same shall be considered and disposed of in accordance with law on its own merit. JUDGE Comparing Assistant