Page No.# 1/5 GAHC040010272026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) AB/73/2026 Er Bapok Borang Age: 49 Occupation : Address:Son of Late Kolni Borang permanent resident of Village Damro PO and PS Mariyang Upper Siang District Arunachal Pradesh and presently posted at Rong RWD Office PO and PS Roing Dibang Valley District Arunachal Pradesh. VERSUS The State of AP Age: 0 Occupation : Address:represented by the Special PP of ACB Advocate for : Chorpok Modi Advocate for : Ojing Pada appearing for The State of AP: Advocate appearing for respectively. -BEFORE- HON’BLE MR. JUSTICE BUDI HABUNG ORDER 21.07.2026 Heard Mr. C. Modi, learned counsel for the accused applicant and Mr. O. Pada, learned Standing Counsel, Anti-Corruption Bureau (ACB, for short). Page No.# 2/5 2. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of pre-arrest bail apprehending arrest in connection with ACB P.S. Case No. 04/2026 registered under Sections 120B/409/420/467/471 of the Indian Penal Code read with Section 13(2) of the Prevention of Corruption Act, 1988. 3. On 03.07.2026, this Court while issuing notice had directed production of the case diary. The case diary has been produced and perused. 4. The prosecution case arises out of a complaint alleging large-scale irregularities in the execution of two PMGSY road projects under the Rural Works Department, Changlang Division, namely, (i) C.K. Road to Wotlom (Thamiyang), Stage-II, Package No. AR/01/02/052 PMGSY Phase-II, and (ii) C.K. Road point to Jongpho-Hate under the PMGSY Scheme. It is alleged that though substantial Government funds were released, the works remained incomplete and false records were prepared showing completion of the projects, thereby causing wrongful loss to the Government and corresponding wrongful gain to the persons involved. 5. Learned counsel for the applicant submits that during the relevant period the applicant was serving as a Junior Engineer under the Executive Engineer, Rural Works Department, Changlang Division. However, he continued in the said Division only up to 17.08.2021, whereafter he was transferred to Rural Works Department, Roing, and joined his new place of posting on 18.08.2021 after duly handing over charge. 6. It is further submitted that during the applicant’s tenure, the work Page No.# 3/5 was under execution and it was under progress. Payments were made only in respect of the work executed as recorded in the Measurement Book. According to the learned counsel, at the time of his transfer, the project was still under progress and all relevant records were duly handed over to his successor. It is contended that the completion certificate, which forms one of the allegations in the present case, was issued long after the applicant had been transferred from the Division. Therefore, it is submitted that the applicant had no role in the subsequent execution of the work, issuance of the completion certificate or any alleged irregularities committed thereafter. 7. Learned counsel further submits that a co-accused the Executive Engineer who is his superior officer under whom he was working has already been granted anticipatory bail by a Coordinate Bench of this Court. Therefore, the learned counsel for the petitioner submits that the applicant is entitled to claim parity. It is also submitted that the applicant has undertaken to cooperate with the investigation and shall abide by any condition imposed by this Court. 8. Learned Standing Counsel, ACB, submits that the applicant was posted in the Changlang Division only up to 17.08.2021 and thereafter stood transferred. It is fairly submitted that the completion certificate was issued after the applicant had left the Division and that the subsequent execution of the work and maintenance of records were under the control of the successor officials. It is, however, submitted that investigation is still in progress. It is also pointed out that, as per the statement of the present Executive Engineer available in the case diary, the work is still under Page No.# 4/5 progress. 9. This Court has considered the rival submissions and perused the case diary. At this stage, the materials available indicate that the applicant remained posted in the concerned Division only up to 17.08.2021 and thereafter had no official control over the execution of the work. Prima facie, the alleged issuance of the completion certificate and the continuation of the work after the applicant’s transfer are matters requiring further investigation. The materials presently available do not indicate that the custodial interrogation of the applicant is indispensable for the purpose of investigation. The applicant has also undertaken to cooperate with the Investigating Officer. Besides, a co-accused has already been granted anticipatory bail by a Coordinate Bench of this Court. 10. Having regard to the nature of the allegations, the role attributed to the applicant, the materials available in the case diary, the fact that the applicant had already been transferred from the Division much before the issuance of the completion certificate, and considering the principle of parity, this Court is of the opinion that the applicant has made out a case for grant of pre-arrest bail. 11. Accordingly, it is directed that in the event of arrest of the applicant, namely Shri Bapok Borang, in connection with ACB P.S. Case No. 04/2026, he shall be released on bail on furnishing a bail bond of Rs.2,00,000/- (Rupees Two Lakhs only) with two surety of the like amount to the satisfaction of the Arresting Officer, subject to the following conditions: (i) The applicant shall appear before the Investigating Officer within 10 (ten) days from today and shall thereafter cooperate with Page No.# 5/5 the investigation as and when required; (ii) The applicant 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 the facts to the Investigating Officer or the Court; (iii) The applicant shall not tamper with the evidence, influence the witnesses or otherwise hamper the investigation; (iv) The applicant shall not leave the State of Arunachal Pradesh without prior intimation to the Investigating Officer till completion of the investigation. 12. It is made clear that in the event of violation of any of the above conditions or failure to cooperate with the investigation, it shall be open to the prosecution to seek cancellation of the pre-arrest bail in accordance with law. The application stands disposed of accordingly. JUDGE CHECKED & VERIFIED Digitally signed by Talom Tali Date: 2026.07.22 13:35:14 +05'30'