Mrs Tao Pompi Toko Vs The State of Ap

2. By filing this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘BNSS’) 2023, the applicant, namely, Mrs. Tao Pompi Toko , prays for granting pre-arrest bail, as she apprehends

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arrest in connection with Doimukh P.S. Case No. 21/2026 registered under Sections 108/127(2)/79/3(5) of the BNS, 2023 read with Section 75 of the Juvenile (Care and Protection of Children) Act, 2015.

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3. An FIR was lodged on 24.02.2026 before the Officer-in-Charge, Doimukh Police Station, Papumpare District by the elder brother of a minor student from Government Girls’ Residential School, Midpu, Doimukh alleging that on 21.02.2026, the food served in the hostel was not properly cooked and several students remained hungry. It was alleged that several students including the informant’s sister, went outside the hostel premises to purchase food items for them; that on their return to the hostel premises they were intercepted by the Teachers and hostel warden and confined them in a room for some time as punishment, during which they were reprimanded and threatened with intimation to their parents; that due to such incident of humiliation and mental distress, the minor victim became really pressurized and mentally distressed and subsequently committed suicide leaving behind a suicide note referring to the incident and the conduct of the school authorities.

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4. On receipt of the aforesaid FIR, Doimukh P.S. Case No. 21/2026 was registered under the aforementioned sections.

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5. The instant pre-arrest bail application has been filed by the accused applicant who is a Trained Graduate Teacher (for short, ‘TGT’) of the aforementioned school.

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6. The learned counsel appearing for the accused applicant submits that since the FIR was filed and she was one of the Teachers teaching in the aforementioned school where the unfortunate incident had occurred and being apprehensive of being arrested, she has filed the instant pre-arrest bail application before this Court.

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7. This pre-arrest bail application was heard by a co-ordinate bench of this Court on 27.02.2026, whereby the Hon’ble co-ordinate bench of this Court directed the Investigating Authorities not to take any coercive action against the accused applicant till the next date fixed. The learned counsel submits that after such interim protection, the accused applicant had appeared before the Investigating Authority on 01.03.2026. He further submits that the statement of the accused applicant has already been recorded and she has been fully cooperating with the investigation. He submits that since she is a respectable Teacher of the School and she is no way connected with the unfortunate incident, she should be allowed to go on pre-arrest bail. He submits that in the FIR, there was neither mention nor any allegation against her of committing any offence as has been alleged in the FIR. In view of the aforesaid contention, the learned counsel for the accused applicant submits that she should be allowed to go on pre-arrest bail.

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8. Mr. D. Loyi, learned Public Prosecutor has produced the Case Diary before this Court. He submits in his usual fairness that the accused applicant has already given her statement and is cooperating with the investigation.

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9. This Court has gone through the Case Diary that has been produced before this Court as well as heard the submissions of the learned counsel appearing for the respective parties.

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10. It is seen from the FIR that the accused applicant has not been named. Further, there was no allegation of direct involvement of the accused applicant in the unfortunate incident that had occurred, wherein a minor girl had to lose her life. It is also seen that due to the ongoing board examination, statement of several minor students’ could not be recorded, as yet, though the statements of the accused applicant, some of the Teachers and some of the students’ have already been recorded by the Investigating Authority.

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11. Taking into account the whole facts of the matter in its entirety and the cooperation that is being rendered by the accused applicant till date, which has been admitted by the learned Public Prosecutor, this Court is of the considered opinion that the accused applicant should be allowed to go on pre-arrest bail, at this stage. Accordingly, it is directed that in the event of the arrest of the accused applicant, namely, Mrs. Tao Pompi Toko in connection with Doimukh P.S. Case No. 21/2026, she shall be released on pre-arrest bail on furnishing a bail bond of Rs.50,000/- with 2 (two) sureties of like nature, one of whom should be a Government servant to the satisfaction of the Investigating Authority, subject to the following conditions:

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(i) that the accused applicant shall appear before the Investigating

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Authority within a period of 10 (ten) days from the date of passing of this order;

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(ii) that the accused applicant shall not try to contact the family members of the victim as well as other minor students’, who may be directly or indirectly connected to the unfortunate incident;

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(iii) that the accused applicant shall co-operate with the investigation and shall make herself available as and when called for by the Investigating Authority; and

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(iv) that the accused applicant shall not, directly or indirectly, make any attempt to influence the witnesses or tamper with evidence or induce any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Police or the Court.

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12. In view of the aforesaid observations and findings, this anticipatory bail application stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Mrs Tao Pompi Toko v. The State of Ap

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Mrs Tao Pompi Toko v. The State of Ap

Case brief

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