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2026 DAILYLAW 2351 (GAU)

Aman Jokhio v. The State of AP

BA/6/2026 · 2026-01-29

Yarenjungla Longkumer

body2026

Judgment text

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Page No.# 1/4 GAHC040001322026 2026:GAU-AP:94 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : BA/6/2026 Aman Jokhio Son of Shri Sardo Jokhio, permanent resident of Jokhio Village, PO and PS Jokhio, East Kameng District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Jambey Tsering Kee, Techi Topu Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 30/01/2026 Heard learned counsel for the petitioner, Mr. T. Tsering, as well as the learned Additional Public Prosecutor, Mr. T. Ete for the respondent. 2. This instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in respect of the alleged Page No.# 2/4 accused Ringu Ratey, who was arrested on 28.12.2025 in connection with Itanagar Police Station Case No. 185/2025 registered under Sections 126(2)/118(1)/324(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The case of the petitioner is that the accused was arrested on 28.12.2025 in connection with the aforementioned case and he has been in custody since then. It is also stated by the learned counsel for the petitioner that the offences under which the accused person has been booked are not serious offences and carry a maximum of 3 (three) years imprisonment as punishment. It is also submitted that subsequent to the arrest alleged accused was produced before the Judicial Magistrate First Class, Naharlagun on 28.12.2025 whereupon the Magistrate was pleased to remand the accused to police custody for a period of 5 (five) days. However, it is submitted that the learned Magistrate has granted the remand mechanically solely on the forwarded report of the investigating officer without perusing the Case Diary or recording any judicial satisfaction as to the existence of a prima facie case and therefore, it is stated that the order dated 28.12.2025 granting police remand is ex-facie illegal. 4. Another ground taken by the learned counsel for the petitioner is that the co- accused have already been granted bail by the learned Judicial Magistrate First Class, Yupia and pre-arrest bail by this Court. And the orders granting bail dated 05.01.2026 and 19.01.2026 have been produced by the learned counsel. Accordingly, the learned counsel has prayed for release of the present alleged accused on bail as the offence with which he is charged is not a serious offence and moreover, on the ground of parity also as the co-accused have already been released on bail. Page No.# 3/4 5. The learned Additional Public Prosecutor. Mr. T. Ete has produced the copy of the Case Diary which had been retained by the Registry in connection with Anticipatory Bail Application No. 01/2026 wherein, the co-accused Shri. Michael Tajo had preferred the application before this Court. On perusal of the case diary and the status report forwarded by I.O of the case it is seen that the present alleged accused and the other co-accused are similarly situated and the allegations against them are the same and they have all been booked under the same sections of law. This Court has observed that the sections under which the alleged accused has been booked are not serious offences. 6. This Court has also seen that the co-accused have already been granted bail. 7. In view of the observations made above, this Court is inclined to allowed this application and the accused Shri. Ringu Ratey is hereby released on bail on the following conditions:- i) Execution of bail bond for an amount of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned Trial Court. ii) The accused shall cooperate with the investigation and shall appear before the I.O of the case as and when summoned without fail. iii) The accused shall not hamper the investigation nor tamper with the evidence and shall not try to influence the witnesses either directly or indirectly. iv) The accused shall not leave the jurisdiction of the trial without the permission of the court concerned. Page No.# 4/4 With the above directions, the petition stands disposed of. CD is returned back to the learned Additional Public Prosecutor. JUDGE Comparing Assistant