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2026 DAILYLAW 8473 (GAU)

Tarh Talo v. The State of AP

AB/63/2026 · 2026-06-18

Budi Habung

body2026

Judgment text

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Page No.# 1/4 GAHC040008352026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : AB/63/2026 Tarh Talo Son of Late Tarh Taging, a permanent resident of Yupia Road, Tinali, PO and PS Naharlagun, Papum Pare District, Arunachal Pradesh 791110 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Mitem Ratan, Gekar Bagra,Lokam Tadam Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE BUDI HABUNG ORDER Date : 19.06.2026 Heard Mr. Mitem Ratan, learned counsel for the accused applicant. Also heard Mr. Duksor Loyi, learned P.P., Arunachal Pradesh, appearing on behalf of the sole respondent. 2. This is an application filed by the applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of pre-arrest bail apprehending his arrest in connection with Naharlagun P.S. Case No. 51/2026 registered under Sections 179/180 of the Bharatiya Nyaya Sanhita, 2023. 3. The allegation against the accused applicant is that 77 pieces of Indian Currency Notes of domination Rs. 500/-, each, amounting to Rs. 38,500/- deposited by the applicant in an Axis Bank Cash Deposit ATM at A-Sector, Naharlagun, were detected Page No.# 2/4 as suspected counterfeit currency notes. 4. The Case Diary, as called for, has been produced by the learned Public Prosecutor, Arunachal Pradesh, and perused the same. 5. The Case Diary reveals that all the suspected counterfeit currency notes allegedly bear the identical Serial No. viz. 6MF 737416. The accused applicant in his bail petition, has taken the stand that he had no knowledge regarding the counterfeit nature of the currency notes that were deposited by him in the Axis Bank Cash Deposit ATM at A-Sector, Naharlagun. The accused applicant further contends that the said amount was received by him from his former Driver, namely, Rahman, towards the partial repayment of an outstanding loan liability. 6. According to the Case Diary, an amount of Rs. 80,000/- was paid to the accused applicant by said Rahman on 04.05.2026, out of which, an amount of Rs. 38,500/- was deposited by him in the Cash Deposit ATM of Axis Bank located at A-Sector, Naharlagun, on 06.05.2026. 7. Mr. Loyi, learned Public Prosecutor, Arunachal Pradesh, on record, submits that the stands of the accused applicant is inconsistent. In the bail petition, the applicant contends that he had given Rs. 40,000/- as advance to one Shri Mohan Bhora, who is a Thakedar from Assam and engaged in construction/building work at Arunachal Pradesh, for certain works and that, on his repeated requests, the said Shri Bhora, asked him to collect the amount and accordingly, he went to Banderdewa and collected the amount of Rs. 40,000/- from Shri Bhora on 07.05.2026. 8. At this stage, this Court is not required to examine the truthfulness of the defence put-forth by the accused applicant. However, the explanation offered by the accused applicant itself gives rise to several issues requiring further investigation into the matter. Though the accused applicant claims to have received Rs. 80,000/- from his former Driver viz. Rahman, no satisfactory explanation is forthcoming regarding the remaining amount and the manner in which it was dealt with, whether any part of the said amount has already been circulated and whether the remaining counterfeit currency notes were also of same nature bearing identical serial No. viz. 6MF 737416. Page No.# 3/4 9. According to the status report, the source of the alleged counterfeit currency notes and the role of the persons named by the accused applicant in this bail application, namely, Bhora or Rahman, disclosed by him, as the case may be, is yet to be verified. Further, the report regarding the suspected counterfeit currency notes which was already forwarded for FSL report, is yet to be received from the FSL, Banderdewa. The investigation relating to the source, circulation, channel and possible involvement of other persons in the present case, is also actively under progress. 10. The record reveals that the earlier anticipatory bail application moved by the accused applicant, was rejected by the learned Special Judge, (NDPS), Yupia, on 03.06.2026, observing that the offence, in question, requires proper investigation and custodial interrogation of the accused to ascertain the persons and elements involved in the commission of the offence, is necessary. 11. The counterfeit currency offences cannot be viewed as ordinary offences affecting only the private individuals. Such offences have wider ramifications on the economy and public confidence in the monetary system. Therefore, effective investigation is often required in order to trace the origin and circulation network of the counterfeit currency notes and also to identify the persons involved in such network. In the instant case, the investigation is at the nascent stage. 12. Having regard to the nature and gravity of the allegations levelled against the accused applicant, and also considering the stage of investigation, the unanswered circumstances emerges from the accused applicant’s own statement, and the necessity of a free and effective investigation into the source and circulation of the suspected counterfeit currency notes, in question; this Court is not inclined to exercise the discretionary jurisdiction for grant of anticipatory bail to the accused applicant, at this stage. 13. Accordingly, the prayer for grant of anticipatory bail to the accused applicant stands rejected. 14. The bail application stands dismissed in terms above. Page No.# 4/4 15. The Case Diary be returned to the learned Public Prosecutor, Arunachal Pradesh, forthwith. JUDGE Comparing Assistant