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2026 DAILYLAW 2939 (GAU)

Sange Tsering Sherpa v. The State of AP

AB/15/2026 · 2026-03-10

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC040002282026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/15/2026 Sange Tsering Sherpa Son of Late Lakhpa Sherpa, permanent resident to Village Sapotia, PO Sapotia, PS Dhakuakhana, North Lakhimpur District, Assam. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Domo Boje, M Basar,Gojum Nyodu,Mebom Jilen Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11-03-2026 Heard Mr. D. Boje, learned counsel for the accused applicant and Mr. G. Tado, learned Additional Public Prosecutor for the State. 2. The applicant has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of pre-arrest bail, apprehending his arrest in connection with Itanagar WPS Case No. 09/2026, registered under Sections 93/117(2)/125 (b)/143(4)/127(4)/146 of the BNS, 2023, read with Page No.# 2/3 Section 14 (i) Child Labour (Prohibition and Regulation) Act read with Section 75 JJ Act. 3. It is submitted that based on the report and complaint dated 07.02.2026 lodged by the Chairperson of ICR, Child Welfare Committee, Capital Complex, Itanagar, it was alleged that upon interaction with a child produced at the Women Police Station, Itanagar, it was revealed that the child had been brought from the State of Assam and was made to work as a domestic helper at the residence of one Doke family of ‘F’ Sector, Itanagar. It was further alleged that due to continuous torture, the child ran away on the night of 06.02.2026. It was stated that the aforesaid WPS Case was registered accordingly. It is further stated that in connection with the aforesaid case, one Smti. Doke has been arrested. 4. Mr. Boje, learned counsel for the accused applicant, submits that the present accused applicant is in no way connected with the aforesaid Itanagar WPS Case No. 09/2026. He further submits that the family of the accused applicant had adopted a girl in the year 2018–2019, who has been staying with his family as their daughter and has been provided with education. However, in connection with the aforesaid Itanagar WPS Case No. 09/2026, his wife, Smti. Jumpi Boje Tsering, was arrested on 13.02.2026 without any material against her, and she was subsequently released on bail vide order dated 09.03.2026 passed by the learned Judicial Magistrate, Papum Pare District, Arunachal Pradesh. 5. Mr. Boje, learned counsel further submits that there is no allegation against the accused applicant and, in fact, he was granted interim bail by a Coordinate Bench of this Court on 17.02.2026. In terms of the aforesaid order dated 17.02.2026, the accused applicant has already appeared before the Page No.# 3/3 Investigating Officer and his statement has been recorded. In view of the aforesaid, he prays that the interim protection granted by the Coordinate Bench of this Court may be made absolute at this stage. 6. Mr. G. Tado, learned Additional Public Prosecutor, has produced the status report of the case, which reveals that the investigation in the matter has almost been completed. He has also received instructions from the Investigating Officer that he has no objection if the interim order passed earlier on 17.02.2026 is made absolute. 7. In view of the aforesaid submissions and the status report placed before this Court, this Court is of the considered opinion that the interim protection order dated 17.02.2026 passed by the Coordinate Bench of this Court deserves to be made absolute on the same terms and conditions as stated therein. 8. Accordingly, the anticipatory bail application stands disposed of as allowed. JUDGE Comparing Assistant