Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC040002592026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/20/2026 Techi Rana Son of Late Techi Kachung, resident of 006, Gotopu-II, Sagalee, Sagalee Circle, Papum Pare District, Arunachal Pradesh 791112
VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Rakesh Dubey, Kamal Saxena Advocate for the Respondent : , SC (ACB),Ojing Pada
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 03.03.2026 Heard Mr. R. Dubey, learned counsel for the accused applicant. Also heard Mr. O. Pada, learned Special Public Prosecutor for the Anti-Corruption Bureau (ACB). 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused applicant, Shri Techi Joram Tara in connection with ACB P.S. Case No.02/2026, registered under
Page No.# 2/5 Section 7 and 13(2) of the Prevention of Corruption Act, 1988. 3. The brief facts, as projected by the prosecution, are that on 03.02.2026 one Shri Tatung Tania lodged an FIR before the Officer-in-Charge, Anti- Corruption Bureau Police Station, Itanagar, alleging that as power of attorney holder of M/s Palo Malo Enterprises, he had completed certain contractual work and obtained a completion certificate from the Executive Engineer, PWD, Itanagar Division. It is alleged that he was entitled to receive a total bill amount of Rs.40,00,000/-, out of which a cheque for Rs.20,34,165/- had been issued in favour of M/s Palo Malo Enterprises. It was further alleged that another cheque amounting to Rs.20,00,000/- had been issued from the office of the Executive Engineer, but the present accused applicant, being the Junior Engineer concerned, retained the same and demanded an amount of Rs.8,00,000/- as illegal gratification for releasing the cheque. 4. On the basis of the aforesaid FIR, the ACB Police Station Case No. 02/2026 was registered under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. 5. After registration of the aforesaid FIR, the police took up the investigation and on 04.02.2026, a trap was laid to apprehend the accused applicant Shri Techi Joram Tara caught red handed. Accordingly, an amount of Rs.50,000/- of Rs.500/- denominations was produced by the informant. The same was tainted with phenolyphthalien powder and being asked by the accused applicant, the informant and an independent witness along with police personnel, went to Junction Cafe & Restaurant for handing over the bribe money and to receive the cheque of Rs.20 lakhs from the accused applicant. On that day, the accused applicant suspecting the informant denied to receive the bribe money and hand over the cheque to him and left abruptly.
However, on the next day, i.e.
Page No.# 3/5 05.02.2026, the accused applicant called the informant and informed that his driver i.e. one Shri Iken Riba, will come to hand over the cheque and collect the bribe money from the informant. On receipt of such information, the informant along with the independent witness and some police personnel were waiting at Saturday Market near Chimpu. The driver of the accused applicant, Shir Iken Riba came driving one Maruti Ignis Car and approached the informant saying that he had been sent by the accused applicant. The aforesaid driver handed over the envelope containing cheque of Rs.20 lakhs to the informant and received the tainted money. Immediately, the police team who were hiding nearby, came into action and apprehended the driver Shri Iken. Riba in the presence of the independent witness. When the hand of the aforesaid driver was dipped in a solution of Sodium Carbonate, it turned into pink colour. The Investigating Officer has seized the tainted money and the cheque and on preliminary investigation, the aforesaid driver disclosed that he was sent by the accused applicant for handing over the cheque and collecting the item from the informant. Accordingly, the accused applicant was arrested on 05.02.2026 and since then he is behind the bars. 6. The learned counsel appearing for the accused applicant submits that the investigation in the instant case is almost complete and the statements of the accused applicant as well as the co-accused have already been recorded. He further submits that the accused applicant was arrested on 05.02.2026 and has consequently been suspended. He submits that the accused applicant has been in judicial custody for more than 26 days, therefore, further custodial detention may not be required at this stage. 7. Mr.
Pada, learned Special Public Prosecutor, on the other hand, submits that the accused applicant was arrested pursuant to a pre-trap memorandum
Page No.# 4/5 and his driver was caught red-handed with the currency notes allegedly delivered to him by the informant. In view of the aforesaid, he submits that bail should not be granted to the accused applicant at this stage. 8. Heard the submissions made by the learned counsel appearing for the parties and perused the Case Diary produced before this Court. 9. It is seen that the accused applicant has already been arrested and the investigation has almost been completed. The statements of the accused applicant as well as the co-accused have already been recorded, and the documents and currency notes have also been seized from the co-accused. 10. Taking into account the entire facts of the case and the stage of the investigation, this Court is of the considered opinion that, at this stage, the accused applicant should be granted bail. 11. Accordingly, it is directed that the accused applicant shall be released forthwith on bail upon furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties of like amount, one of whom shall be a Government official, to the satisfaction of the learned Special Judge, Yupia, subject to the following conditions: - (i) that the accused applicant shall cooperate with the investigation and shall appear before the Investigation Officer as and when required; (ii) that the accused applicant shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such
facts before the Investigating Officer; and (iii) that the accused applicant shall not hamper or temper with the investigation in any manner.
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12. In view of the aforesaid directions, the instant anticipatory bail application is disposed of as allowed. Case Diary be returned. JUDGE Comparing Assistant