Gauhati High Court - Itanagar
Sange Tsering Sherpa vs The State Of Ap on 17 February, 2026
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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 BUDI HABUNG
ORDER
Date : 17.02.2026 Heard Mr. D. Boje, learned counsel for the applicant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State respondent.
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.# 2/4 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, alleging that on interaction of child produced at Women Police Station, Itanagar, it was revealed that the child was brought from the State of Assam and made to work as a domestic helper at the residence of one Doke family of 'F' Sector, Itanagar, and due to continuous torture, the child ran away on 06.02.2026 at night; the aforesaid WPS Case was registered. In connection with the aforesaid case, one Smti. Doke is stated to have been arrested.
4. The learned counsel for the applicant submits that the present accused person is nowhere connected with the aforesaid WPS Case No. 09/2026. However, he stated that one girl child was adopted by him in the year 2018-19, which is altogether different from the aforesaid case registered against one Smti. Doke. However, in connection with the aforesaid WPS Case No. 09/2026, his wife, Smti. Jumpi Boje Tsering, has been arrested on 13.02.2026, although she is not connected with the aforesaid WPS Case. As his wife has been arrested in connection with the above WPS only because they have adopted one girl child which otherwise is not connected with the present WPS Case, the petitioner, although no allegation has been made against him, has a reasonable apprehension that he may also be arrested in connection with the aforementioned case and suffer unnecessary harassment. Hence, this application seeking pre-arrest bail.
5. The learned counsel for the applicant submits that the petitioner is ready and willing to cooperate with the investigation; furnish an adequate bail bond Page No.# 3/4 and surety; and abide by any terms and conditions for his bail.
6. Call for the scanned copy of Case Diary.
7. Issue notice to the respondent.
8. Since, Mr. Tado, learned Additional Public Prosecutor accepts notice on behalf of the State, no formal notice need be issued.
9. In the meantime, it is provided that till the next returnable date, in the event of arrest of the accused/applicant, namely, Shri Sange Tsering Sherpa in connection with Itanagar WPS 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) Child Labour (Prohibition and Regulation) Act read with Section 75 JJ Act, he shall be released on interim anticipatory bail upon furnishing a bail bond of Rs. 25,000/- (Rupees twenty-five thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:
(i) that the accused/applicant shall co-operate and appear before the Investigating Officer as and when called for in connection with the investigation of the aforesaid Women P.S. Case; and
(ii) that the accused/applicant shall not try to contact, intimidate or threatened the witnesses including the victim or any of her family member;
(iii) that the accused/applicant shall not try to influence or coerce the witnesses connected to the instant case and shall not tamper with the evidence in any manner; and
(iv) In the event of violation of any of the above conditions, the interim anticipatory bail shall stand cancelled.
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10. List the matter on 03.03.2026.
JUDGE Comparing Assistant