Page No.# 1/6 GAHC040004352026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/25/2026 Smti Libi Nochi Wife of Karken Dabi, Govt Servant, current resident of H Sector, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh 791111 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Marge Lombi, Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 23-04-2026 Heard Mr. M. Lombi, learned counsel for the applicant. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State. 2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for grant of bail to the accused, namely Smti Chide Doke, in connection with Itanagar Women Police Station Case No. Page No.# 2/6 09/2026, under Sections 93/117(2)/125(b)/ 143(4)/127(4)/146 of the Bharatiya Nagarik Sanhita (BNS), 2023, read with Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. 3. The case set up by the prosecution is that on 07.02.2026, a written FIR was lodged by the Chairperson of the Child Welfare Committee, Capital Complex, Itanagar, stating that on the same day, a minor girl aged about 7 years was produced at the Women Police Station, Itanagar, bearing visible marks of physical assault on her body. The matter was accordingly placed before the Child Welfare Committee, Itanagar. During interaction with the minor by the Child Welfare Committee, it was revealed that the child had been brought from the State of Assam and was engaged as a domestic help at the residence of the Doke family at F-Sector, Itanagar, Arunachal Pradesh. The minor further disclosed that she had been subjected to continuous physical assault and cruelty, as a result of which she ran away from the house on the night of 06.02.2026. After receiving temporary shelter and food from a Good Samaritan, the minor was subsequently brought to the Women Police Station, Itanagar. 4. Pursuant thereto, a case was registered as Itanagar Women Police Station Case No. 09/2026 under Sections 93/117(2)/125(b)/143(4)/127(4)/146 of the BNS, 2023, read with Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The accused was arrested on 07.02.2026 and has since been in judicial custody for 75 days. 5. The present application has been filed by the applicant, who is the aunt of the accused by virtue of her marriage to the uncle of the accused, seeking grant Page No.# 3/6 of bail to the accused. 6. Mr. M. Lombi, learned counsel for the applicant submits that the accused person is a lactating mother of a 2-year-old girl child, who needs special care. The victim, in fact, was engaged by the accused as domestic help; however, it is submitted that the accused never tortured or inflicted any cruelty upon the victim. Mr. Lombi, learned counsel submits that the accused has been in incarceration for more than two months and the Police has already interrogated the accused and therefore, no further custodial interrogation of the accused is required. It is further submitted that the victim is in safe custody, having been placed in a shelter home. Since the accused is no longer required for custodial interrogation and considering that she is a lactating mother of a 2-year-old girl child, learned counsel prays for release of the accused on bail on any conditions as this Court may deem fit and proper. 7. Mr. T. Ete, learned Additional Public Prosecutor, by referring to the Case Diary, submits that there are incriminating materials against the accused person, as the victim was engaged by the accused. The statements of the victim clearly indicate that she was subjected to torture by the accused and she has specifically stated that she was beaten, resulting in severe injuries on her body. He submits that, considering the seriousness of the allegations against the accused and the welfare of the child victim, as well as the fact that the investigation has not yet been completed, since two more minor victim girls are yet to be recovered, the release of the accused at this stage would hamper the investigation. Therefore, he submits that the prayer for grant of bail to the accused may be rejected. 8. I have considered the submissions of the learned counsel for the parties Page No.# 4/6 and perused the Case Diary. 9. Pursuant to the FIR dated 07.02.2026, lodged by the Chairperson, Child Welfare Committee, Itanagar and the production of a minor girl aged about 7 years before the Women Police Station, Itanagar, who was found in a distressed condition, the aforesaid case, being Itanagar W.P.S. Case No. 09/2026, was registered. The accused was arrested on 07.02.2026, on being found to have engaged the said minor victim as a domestic help in alleged contravention of relevant laws and to have subjected the child victim to physical assault, exploitation, etc. The accused has been in judicial custody since her arrest i.e. 07.02.2026, which is about 75 days as on date. 10. The statements of the victim prima facie indicate that she was subjected to physical assault by the accused. Records reveal that the minor victim girl was given by her biological mother through a third party to the present accused on monetary consideration of an amount of Rs. 10,000/-. No doubt, the allegations are serious in nature involving offences against minor children, for which the safety, dignity and psychological well-being of the victims are required to be protected and safeguarded at all costs. It is noted that the minor victim girl is presently in the safe custody of a shelter home. 11. It is noticed that the accused is a lactating mother of a 2-year-old girl child. The records reveal that there are five accused persons in total involved in the alleged offences, out of whom two accused persons have already been released on bail. The minor victim girl, who is alleged to have been engaged as a domestic help and subjected to physical assault and exploitation, has been recovered and placed at the Mother Teresa Shelter Home for safe custody, counselling, care, and rehabilitation. It is further noticed that the Officer-in- Page No.# 5/6 Charge of the Women Police Station, in connection with the case, by a status report dated 03.03.2026, has submitted before the learned Judicial Magistrate First Class, Yupia, that the investigation of the case is almost complete and the statements of the arrestee and witnesses have been recorded. In respect of one co-accused, the Officer-in-Charge, Women Police Station, Itanagar, has stated that the investigating agency has no objection if the accused is released on bail, subject to such appropriate conditions as may be deemed fit and proper. 12. Though the allegations are serious against the accused person, as the matter relates to offences against children, the investigating agency has had ample opportunity to investigate the matter. The accused having been arrested on 07.02.2026, the custodial interrogation appears to have been almost completed and no further requirement for custodial interrogation may be warranted. The accused has remained in incarceration for 75 days as on date. That apart, the accused is stated to be a lactating mother of a 2-year-old child. 13. Having considered that the accused is in judicial custody for 75 days as on date and considering that she is a lactating mother, as well as the fact that the investigation is stated to be almost complete, I am of the considered view that the accused is entitled to be admitted to bail, although the alleged offences involving crimes against children are serious in nature. Therefore, this Court is inclined to grant bail to the accused person. 14. Accordingly, the accused, namely, Smti. Chide Doke, be released on bail in connection with Itanagar Women Police Station Case No. 09/2026 under Sections 93/117(2)/125(b)/143(4)/127(4)/146 of the BNS, 2023, read with Section 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and Section 75 of the Juvenile Justice (Care and Protection of Page No.# 6/6 Children) Act, 2015, on furnishing a bail bond of Rs. 25,000/-(Rupees Twenty- Five Thousand only) with one surety of like amount to the satisfaction of the Judicial Magistrate First Class, Yupia, on the following conditions: (i). That the accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts either to the Investigating Officer or to the Court; (ii). That the accused shall co-operate with the investigation of the case and appear before the Investigating Officer as and when required; and (iii). That the accused shall not commit any similar offence of which she is suspected to have committed. 15. Accordingly, the bail application stands allowed and disposed of. JUDGE Comparing Assistant