Page No.# 1/5 GAHC010109672025 2025:GAU-AS:7868 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1704/2025 JUNMOTI PEGU AND 5 ORS. W/O SHRI DINESH PEGU R/O RAKUT KEMERE, JONAI, DHEMAJI, DISTRICT DHEMAJI, ASSAM, PIN- 787060. 2: ALIJA PEGU W/O SHRI DEBAJIT PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 3: RANJITA PEGU W/O SHRI RANUJ PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 4: ANUPAMA PEGU S/O SHRI MONTARAM PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN- 787060 5: BINITA PEGU W/O SHRI PALU PEGU Page No.# 2/5 R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-787060 6: BHANI PEGU S/O SHRI ANIL PEGU R/O RAKUT KEMERE JONAI DHEMAJI DISTRICT DHEMAJI ASSAM PIN-78706 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P R SARMA, MR. S. PEGU Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.06.2025 1. Heard Mr. P.R. Sarma, the learned counsel for the petitioners. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor, appearing for the State of Assam. 1. This application under Section 483 of the Bharatiya Nagarik Page No.# 3/5 Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, 1. Junmoti Pegu, 2. Alija Pegu, 3.Ranjita Pegu, 4. Anupama Pegu, 5. Binita Pegu, and 6. Bhani Pegu, who are detained behind the bars since 04.05.2025 (for the last 39 days), in connection with Jonai P.S. Case No. 37/2025, under Sections 61(2)/189(2)/109/117(2) of the BNS, 2023. 2. The gist of accusation in this case is that on 03.05.2025, one Smt. Ajanta Kutum, had lodged an FIR, before the Officer-In-Charge of Jonai Police Station, inter alia, alleging that the accused persons named in the FIR, (including the present petitioners) had assaulted the husband of the informant on 02.05.2025 near Rakut Kemere Primary School, as a result of which he sustained serious injuries. 3. The learned counsel for the petitioners has submitted that the petitioners are detained behind the bars for the last 39 days and they are not involved in the offence alleged in the FIR. 4. On the other hand, the learned Additional Public Prosecutor, has produced the Case Diary of Jonai P.S. Case No. 37/2025, and has submitted that in the meanwhile, the injured has succumbed to his injuries and Section 103 (2) of the BNS, 2023 has been added to the said case. 5. He further submits that there are sufficient incriminating materials against the petitioners in the Case Diary. He also submits that investigation suggests that the murder was committed in a pre-planned manner. He however, submits that in the meanwhile investigation has progressed and the case is mainly pending for arrest of the remaining Page No.# 4/5 accused persons. 6. I have considered the submissions made by the learned counsel for both sides. Though there are materials against the present petitioners in the Case Diary, however, it appears that the investigation has fairly progressed and the petitioners are detained behind the bars for the last 39 days. It also appears that the statements of all the above-named petitioners have already been recorded under Section 180 of BNSS, 2023. Hence, considering the progress made in the investigation as well as the period of detention already undergone by the petitioners, this Court is of considered opinion that their further custody interrogation may not be necessary for fair completion of the investigation, if they cooperates in the investigation. 7. In view of the above, all the above-named petitioners are allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), each with a suitable surety of like amount, subject to the satisfaction of the learned SDJM Judge, Jonai subject to the following conditions: (i) the petitioners shall co-operate in the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 8. This bail application is accordingly disposed of. 9. Send back the Case Diary. Page No.# 5/5 JUDGE Comparing Assistant