Page No.# 1/6 GAHC040006162026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/38/2026 Khyaking Jomo Son of Late Nisham Jomoh, presently residing at P Sector, Nirjuli Complex, PO and PS Nirjuli, Papum Pare District, Arunachal Pradesh and permanent resident of Jomoh Village, PO and SP Khenewa/ Chayang Tajo, East Kameng District, Arunachal Pradesh. VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Tania Kipa, Kipa Yamak,Kago Tana Advocate for the Respondent : Ojing Pada, SC (ACB) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11-05-2026 Heard Mr. T. Kipa, learned counsel for the applicant. Also heard Mr. O. Pada, learned Standing Counsel for the Anti Corruption Bureau. 2. This is an application under Section 483 of BNSS, 2023 for release of the accused person, namely, Shri Karbia Rebe on bail, who has been Page No.# 2/6 arrested on 31.03.2026 in connection with ACB P.S. Case No.13/2025 dated 12.12.2025, registered under Section 61/336/318/316(5)/319 of BNS read with Section 7 and 13 (1)(a)(b)/2of the Prevention of Corruption Act, 1988. 3. The gist of the case is that the FIR ACB. No.13/2025 dated 12.12.2025 was registered on the basis of a complainant dated 14.11.2025, submitted by Shri Ramesh Taku, President and 7(seven) others of ANYA (All Nyishi Youth Association), East Kameng District unit Seppa against Shri Himanshu Nigam, IAS Deputy Commissioner, Shri Takam Kechak, DLRSO, Shri C.K Tayyum, DHO, Shri Abhinav Kumar DFO, Shri Mirem Perme, DHO and others for alleged misappropriation of public funds in Lada-Sarli Frontier Highway Project (package IV and V) East Kameng District, Seppa. It was alleged inter alia that a total sum of Rs.109.65 Crores was sanctioned for execution of Lada-Sarli Frontier Highway(package IV and V); that Rs.77.20 Crores had been disbursed towards the land compensation to the project affected beneficiaries; that remaining 32.45 Crores remained unaccounted and no transparent record of utilisation of the said amount furnished to the complainants; that the process of disbursement was undertaken without adherence of due diligence or proper verification of beneficiary entitlement; that during the course of inquiry on the ground by the Fact Finding Committee constituted by the Government of Arunachal Pradesh, several discrepancies and procedural irregularities were observed in the compensation disbursement process. 4. The accused person, namely, Shri Karbia Rebe, who was arrested in Page No.# 3/6 connection with the aforesaid case was in custody of the Investigating Agency of ACB for 1(one) night i.e. 31.03.2026 and thereafter, in judicial custody for last 41 days. 5. The case as has been projected by the accused person is that the accused is a villager and the land of the accused was required to be acquired and therefore, the land survey team and the competent authority after the survey, the land was also acquired for construction of the Lada- Sarli Frontier Highway road. Therefore, as per the record, the name of the accused person was listed in a chainage 80.474 to 80.710 (package-4) and total amount of Rs.1,74,68,062/- was credited to his SBI account for serial No.177 and 180. However, due to land dispute among the family brothers, one of the small land interfacing the land of three family members, namely, Shri Siyang Rebe, Shri Korom Rebe and Shri Tari Rebe, were deposited in the account of accused person. Subsequently, the amounts were disbursed to the concerned three disputed land owners at the rate of Rs.1,10,000/- respectively. It is the case of the petitioner that the petitioner is not involved in any of the alleged offences that have been mentioned in the complaint filed by the complainant. 6. The learned counsel appearing for the accused person submits that the accused person is a villager, whose land has been acquired for the said project and accordingly, he has been paid the amount so calculated. He submits that accused person is not involved in any kind of misappropriation of money in connivance with other officers as well as other co-accused as alleged in the complaint. He submits that accused person’s account has already been frozen by the investigating authority Page No.# 4/6 and he has been languishing in the jail for last 41 days. He further submits that several co-accused/co-villagers, who have also been arrested in connection with the instant case, have already been granted bail. He submits that he had earlier filed bail application before the Special Judge (PCA), Yupia on 07.04.2026 but was rejected vide an order dated 17.04.2026. He submits that though his bail application was rejected, the several main accused persons, namely, Takam Kechak (DLRSO), Rajo Gyadi, Khya Bagang, Rungni Bagang, Lokap Yangfo and Yayo Yangfo were already released on bail by the Special Judge (PCA), Yupia or the Gauhati High Court. He submits that investigation in the matter is yet to be completed and accused person is already behind the bar for last 41 days. Therefore, he submits that further custodial detention of the accused person is not required in the case and he should be released on bail in the instant case. He submits that, in the event, if he is released on bail, the accused person would fully cooperate with the investigation of the case. 7. Mr. O. Pada, learned Standing Counsel, ACB, however, submits that though some of the accused persons have been released on bail, the investigation of the instant case is yet to be completed and therefore, at this stage, bail to the accused person should not be granted. 8. Case diary of the instant case has been produced before this Court and the same is perused. 9. It is seen from the record that the accused person was not named in the complaint, which has been registered as ACB P.S. Case No.13/2025 and during the investigation, the accused person along with some other Page No.# 5/6 villagers and officials were arrested by the investigating authority. It is seen that the bank account wherein the amount for deposition for land acquisition of the petitioner has been transferred, the same is already frozen. It is also the fact that several co-villagers, who were named as co- accused, have already been released on bail. It is also seen that one Takam Kechak (DLRSO) has also been released on bail. The accused person had also spent 41 days in the judicial custody and the investigation is yet to be over. 10. Taking into account the entire facts of the case, this Court is of the considered opinion that further custodial detention of the accused person may not be required in the instant case, therefore, it is directed that the accused person shall be released immediately on furnishing a bail bond of Rs.50,000/-with 2(two) sureties of like nature to the satisfaction of the learned Special Court (PCA), Yupia, subject to the following conditions: i) That the accused shall cooperate with the investigation and make himself available as and when required by the Investigating Officer; ii) That the accused 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 authority; 11. In terms of the aforesaid directions, the instant bail application is disposed of as allowed. 12. Trial Court record be sent back. Page No.# 6/6 JUDGE Comparing Assistant